Real Property Limitation Act (Act No. 11 of 1877)

LAWS OF ANTIGUA AND BARBUDA Real Limitation (CAP. 367 1 CHAPTER 367 THE REAL PROPERTY LIMITATION ACT Arrangement of Sections Section 1. Short title. 2. No land or rent to be recovered but within twelve years after right of action accrued. Provision for case of future estates. 4. In cases of infancy, or lunacy at the time right of action accrues, then six years to be allowed from the termination of disability or previous death. 5. No time to be allowed for absence beyond seas. 6. Thirty years utmost allowance for disabilities. 7. In case of possession under an assurance by a tenant in tail which shall not bar the remainders, they shall be barred at the end of twelve years after that period, at which the assurance, if then executed, would have barred them. 8. Mortgagor to be barred at end of twelve years from the time when the mortgagee took possession, or from the last written acknowledgement. 9. Money charged upon land and legacies to be deemed satisfied at the end of twelve years, if no interest paid or acknowledgement given in writing in the meantime. 10. Act to be read with certain United Kingdom Acts. 11. Time for recovering charges and arrears of interest not to be enlarged express trusts for raising same. Property 3. coverture, by LAWS OF ANTIGUA AND BARBUDA Real Property Limitation (CAP. 367 3 REAL PROPERTY LIMITATION (1st January, This Act may be cited as the Real Property Limita Act. 2. After the commencement of this Act, no person No land or rent to be recovered shall make an entry or distress, or bring an action or suit, within to recover any land or rent, but within twelve years next after the time at which the right to make such entry or distress, or to bring such action or suit, shall have first accrued to some person through whom he claims; or, if such right shall not have accrued any person through whom he claims, then within twelve next after at which the right to make such entry or distress, or to bring such action or suit, shall have first accrued to the person making or bring ing the same. 3. A right to make an entry or distress, or to bring Provision for case of future an action or suit, to recover any land or rent, shall be deemed to have first accrued in respect of an estate or interest in reversion or remainder, or other future estate or interest, at the time at which the same shall have become an estate or interest in possession, by the determination of any estate or estates in respect of which such land shall have been held, or the profits thereof or such rent shall have been received, notwithstanding the person claiming such land or rent or some person through whom he claims, shall, at any time previously to the creation of the estate or estates which shall have determined, have been in the possession or receipt of the profits of such land or in receipt of such rent; but if the person last entitled to any particular estate on which any future estate or interest was expectant shall not have been in the possesion or receipt of the profits of such land, or in receipt of such rent, at the time when his interest determin ed, no such entry or distress shall be made, and no such action or suit shall be brought, by any person becoming entitled in possession to a future estate or interest, but within twelve years next after the time when the right to make an 1. tion to years 1883.) the time 11/1877. 32/1956. 18/1989. Short title. but twelve years after right of action accrued. estates. LAWS OF ANTIGUA AND BARBUDA 4 CAP. 367) Real Property Limitation In cases of infancy, coverture, or lunacy at the time right of action accrues, then six years to be allowed from the termination of disability or previous death. No time to be allowed for absence beyond seas. entry or distress, or to bring an action or suit, for the recovery of such land or rent, shall have first accrued to the person whose interest shall have so determined, or within six years next the time when the estate of the person becoming entitled in possession shall have become vested in posses sion, whichever of those two periods shall be the longer; and, if the right of any such person to make such entry or distress, or to bring any such action or suit, shall have been barred under this Act, no person afterwards claiming to be entitled to the same land or rent in respect of any subsequent estate or interest under any deed, will, or settlement executed or taking effect after the time when a right to make an entry or distress, or to bring an action or suit, for the recovery of such land or rent, shall have first accrued to the owner of the particular estate whose interest shall have first so deter mined as aforesaid, shall make any such entry or distress, or bring any such action or suit, to recover such land or rent. 4. If, at the time at which the right of any person to make an entry or distress, or to bring an action or suit, to recover any land or rent, shall have first accrued as aforesaid, such person shall have been under any of the disabilities hereinafter mentioned (that is to say), infancy, coverture, idiocy, lunacy, or unsoundness of mind, then such person, or the person claiming through him, may, not withstanding the period of twelve years or six years (as the case may be) hereinbefore limited shall have expired, make an entry or distress, or bring an action or suit, to recover such land or rent, at any time within six years next after the time at which the person to whom such right shall have first accrued shall have ceased to be under any such disability, or shall have died (whichever of those two events shall have first happened). 5 . The time within which any such entry may be made, or any such action or suit may be brought as aforesaid, shall not in any case after the commencement of this Act be extended or enlarged by reason of the absence beyond seas, during all or any part of that time, of the person having the right to make such entry, or to bring such action or suit, or of any person through whom he claims. ,il.fter LAWS OF ANTIGUA AND BARBUDA Real Property Limitation (CAP. 367 5 6. NO entry, distress, action, or suit shall be made or brought any person, who, at the time which his right disabilities. to make an entry or distress, or to bring an action or suit, to recover any land or rent, shall have first accrued, shall be under any of the disabilities hereinbefore mentioned, or by any person claiming through him, but within thirty years next after the time at which such right shall have first accrued, although the person under disability at such time may have remained under one or more of such disabilities during the whole of such thirty years, or although the term of six years from the time at which he shall have ceased to be under any such disability, or have died, shall not have expired. 7. When a tenant in tail of any land or rent shall have made an assurance thereof, which shall not operate to bar the estate or estates to take effect after, or in defeasance of, shall not his estate tail, and any person shall by virtue of such assurance, at the time of thereof, or at any remainders, shall be barred time afterwards, be in possession or receipt of the profits land, or in receipt of rent, and same person years that period, at or any other person whosoever (other than some person which the entitled to such possession or receipt in respect of an estate executed, would which shall have taken effect after or in defeasance of the estate tail) shall continue or be in such possession or receipt for the period of twelve years next after the commencement of the time at which such assurance, if it had then been executed by such tenant in tail, or the person who would have been entitled to his estate tail if such assurance had not been executed, would, without the consent of any other person, have operated .to bar such estate or estates as aforesaid, then, at the expiration of such period of twelve years, such assurance shall be, and be deemed to have been, effectual as against any person claiming any estate, interest, or right to take effect after or in defeasance of such estate tail. When a mortgagee shall have obtained the posses sion or receipt the profits of any land, or the receipt years any rent comprised in his mortgage, the mortgagor, or any when the person claiming through him, shall not bring any action or suit redeem the mortgage but within twelve years next ossession, the last or after the time at which the mortgagee obtained posses sion receipt, unless, in the meantime, an acknowledge ment in writing of the title of the mortgagor, or of his right to redemption, shall have been given to the mortgagor or by the execution of such such the 8. of to such Or Thirty years utmost allowance for In case of possession under an assurance by a tenant in tail which · bar the they at the end of twelve after assurance, if then have barred them. Mortgagor to be f barred at end of 0 twelve from the time mortgagee took from written acknowledgement. OF ANTIGUA AND BARBUDA 6 CAP. 367) Real Property Limitation some person claiming his estate, or to the agent of such mortgagor or person, signed by the mortgagee or the per son claiming through him; and in such case no such action or shall be brought but within twelve years next after the time at which such acknowledgement, or the last of such acknowledgements, if more than one, was given; and, when there shall be more than one mortgagor, or more than one person claiming through the mortgagor or mortgagors, such acknowledgement, if given to any of such mortgagors or persons, or his or their agent, shall be as effectual as if the same had been given to all such mortgagors or persons; but, where there shall be more than one mortgagee, or more than one person claiming the estate or interest of the mortgagee or mortgagees, such acknowledgement, signed by one or more of such mortgagees or persons, shall be effectual only as against the party or parties signing as aforesaid, and the person or persons claiming any part of the mortgage money or land or rent by, from, or under him or them, and any person or persons entitled to any estate or estates, interest or interests, to take effect after or in defeasance of his or their estate or estates, interest or interests, and shall not operate to give to the mortgagor or mortgagors a right to redeem the mortgage as against the person or persons entitled to any other undivided or divided part of the money or land or rent; and, where such of the mortgagees or persons aforesaid as shall have given such acknowledgement shall be entitled to a divided part of the land or rent comprised in the mortgage, or some estate or interest therein, and not to any ascertained part of the mortgage money, the mortgagor or mortgagors shall be entitled to redeem the same divided part of the land or rent on payment, with interest, of the part of the mortgage money which shall bear the same pro portion to the whole of the mortgage money as the value of such divided part of the land or rent shall bear to the value of the whole of the land or rent comprised in the mortgage. Money charged upon land and 9. No action or suit or other proceeding shall be legacies brought to recover any sum of money secured by any mortgage, judgment, or lien, or otherwise charged upon or at the end of twelve years, payable of any land or rent at law or in equity, or any legacy, but within twelve years next after a present right to or receive the same have accrued to some person capable of giving a discharge for or release of the same, unless, in in the meantime. deemed t::tP.fied no interest paia arkno,rledg<;n:,.ent given m wntmg suit , IAWS out shall LAWS OF ANTIGUA AND BARBUDA Real Property Limitation (CAP. 367 7 the meantime, some part of the principal money, or some interest thereon, shall have been paid, or some acknowledge ment of the right thereto shall have been given in writing, signed by the person by whom the same shall be payable, or his agent, to the person entitled thereto, or his agent; and in such case no such action or suit or proceeding shall be brought but within twelve years after such payment or acknowledgement, or the last of such payments or acknowledgements, if more than one, was given. From and after the commencement of this Act, the provisions of the Act of the United Kingdom passed United Kingdom in the session of the third and fourth years of the reign of King William the Fourth, chapter twenty-seven, except those contained in the several sections thereof next hereinafter men tioned, shall be in full force in Antigua and Barbuda, and shall be construed together with this Act, and shall take effect as if the provisions hereinbefore contained were substituted in such Act for the provisions contained in the sections thereof numbered, two, five, sixteen, seventeen, twenty-three, twenty-eight and forty respectively, and as if the term of six years had been mentioned, instead of the term of ten years, in the section of the said Act numbered eighteen, and the period of twelve years had been mentioned in the said sec tion eighteen instead of the period of twenty years; and the provisions of the Act of the United Kingdom passed in the session of the seventh year of the reign of King William the Fourth and the first year of the reign of Queen Victoria, chapter twenty-eight, shall hereafter be deemed to be in force in Antigua and Barbuda, and shall be construed together with this Act, as if the period of twelve years had been therein mentioned instead of the period of twenty years. After the commencement of this Act, no action recovering or other proceeding shall be brought to recover any sum of money or legacy charged upon or payable out of any land or rent at law or in equity, and secured by an express trust, or to recover any arrears of rent or of interest in respect raising same. of any sum of money or legacy so charged or payable, and so secured, or any damages in respect of such arrears, except within the time within which the same would be recoverable if there were not any such trust. 10. all 11. Act to be read with certain Acts. 4 Wm. IV. c. 27. 7 Wm. IV & 1 Viet. c. 28. Time for charges and arrears of interest not to be enlarged by express trusts for