Limitation Act - The Bahamas Laws On-Line

CH.83 – 22]
LIMITATION
Right of action
not to accrue or
continue unless
there is adverse
possession.
accrued at the date when the rent was first received by the
person wrongfully claiming as aforesaid and not at the date
of the determination of the lease:
Provided that in the case of a lease granted before the
commencement of this Act, this section shall have effect as
if for the words “fifty dollars” there were substituted the
words “five dollars”.
(3) A tenant at will shall, for the purposes of this
Act, be deemed to be determined at the expiry of a period
of one year from the commencement thereof; unless it has
previously been determined, and accordingly the right of
action of the person entitled to the land subject to the
tenancy shall be deemed to have accrued on the date of
such determination:
Provided that a mortgagor or beneficiary under a
trust in possession of land, the subject of the mortgage or
trust, shall not be deemed to be a tenant at will of the
mortgagee or trustee for the purposes of this section.
(4) Subsections (2) and (3) shall not apply to any lease
granted by the Crown.
24. (1) For the purposes of this Act, a right of action
to recover land shall not accrue and shall not be deemed to
accrue unless the land is in the possession of some person
in whose favour the period of limitation can run (hereafter
in this section referred to as “adverse possession”).
(2) Where under the foregoing provisions any right
of action to recover land is deemed to accrue on a certain
date and no person is in adverse possession of the land on
that date, the right of action shall not accrue unless the land
is thereafter taken into adverse possession, in which case
the right of action shall be deemed to accrue at the
commencement of the adverse possession.
(3) Where a right of action to recover land has
accrued and thereafter, but before the right is barred by
this Act, the land ceases to be in adverse possession —
(a) the former adverse possession shall for the
purposes of this Act have no effect; and
(b) if the land is again taken into adverse possession
a fresh right of action shall be deemed to accrue
at the commencement of that adverse possession.
STATUTE LAW OF THE BAHAMAS [Original Service 2001]