Real Property 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.
3. Provision for case of future estates.
4. 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.

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 by express trusts for raising same.

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Real Property Limitation (CAP. 367 3

REAL PROPERTY LIMITATION

(1st January, 11883.) '

1. This Act may be cited as the Real Property Limita- short title.
tion 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, but within
to recover any land or rent, but within twelve years next ~ ! $ ~ ~ ~ f f o ~ f t e r
after the time at which the right to make such entry or ,,,,d.
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 to any person through whom he claims,
then within twelve years next after thetime 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 .,tates.
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

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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 sfter 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.

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Real Property Limitation (CAP. 367 5

6. NO entry, distress, action, or suit shall be made ;fE:; g;;ance
or brought by any person, who, at the time which his right for 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 E;z;;i~: under
made an assurance thereof, which shall not operate to bar an as,urance by
the estate or estates to take effect after, or in defeasance of, a tenant in tail

wh~ch shall not his estate tail, and any person shall by virtue of such bar the
assurance, at the time of the execution thereof, or at any remainders, they

shall be barred time afterwards, be in possession or receipt of the profits at the end of
of such land, or in receipt of such rent, and the same person twelve years after

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 assurance, if then

executed, would which shall have taken effect after or in defeasance of the h,, barred
estate tail) shall continue or be in such possession or receipt them.
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.

8. When a mortgagee shall have obtained the posses- k;:yrefd:f
sion or receipt of the profits of any land, or the receipt of twelve years
any rent comprised in his mortgage, the mortgagor, or any from the time

when the person claiming through him, shall not bring any action or modgagee took
suit to redeem the mortgage but within twelve years next P from ossession, the last or
after the time at which the mortgagee obtained such posses- ,,itten
sion or receipt, unless, in the meantime, an acknowledge- acknowledgement.
ment in writing of the title of the mortgagor, or of his right
to redemption, shall have been given to the mortgagor or

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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 spit 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 to be brought to recover any sum of money secured by any
deemed satisfied mortgage, judgment, or lien, or otherwise charged upon or
at the end of
twelve years, if payable out of any land or rent at law or in equity, or any

interest paid legacy, but within twelve years next after a present right to
or
acknowledgement receive the same shall have accrued to some person capable
given in writing of giving a discharge for or release of the same, unless, in
in the meantime.

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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.

10. From and after the commencement of this Act, Afil;,5i;azd
all 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 Acts.
King William the Fourth, chapter twenty-seven, except those t. :;- IV.
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 : gz: tv&.
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.

1 . After the commencement of this Act, no action Time for
recovering

or other proceeding shall be brought to recover any sum of and
money or legacy charged upon or payable out of any land ; ~ ~ ; ~ ~ o t to be
or rent at law or in equity, and secured by an express trust, enlarged by
or to recover any arrears of rent or of interest in respect for

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.