Real Property Limitation
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
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REAL PROPERTY LIMITATION ACT
CHAPTER 56:03
Ordinance
Ch. 5 No. 7—1940
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Note on Subsidiary Legislation
This Act contains no subsidiary legislation.
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Real Property Limitation Chap. 56:03 3
CHAPTER 56:03
REAL PROPERTY LIMITATION ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. No land or rent to be recovered but within 16 years after right of
action accrued.
4. When the right shall be deemed to have accrued.
5. Entry or distress on breach of condition.
6. Reversioner to have a new right.
7. Rights of administrator.
8. Tenant at will.
9. Tenant from year to year.
10. Accrual of right where rent of $4.80 upwards reserved by a lease in
writing shall have been wrongfully claimed.
11. Effect of entry.
12. Limitation of actions by mortgagees.
13. Limitation of actions by mortgagors.
14. Possesssion of one co-heir not to be the possesssion of others.
15. Effect of acknowledgment of title.
16. Persons under disability to be allowed 8 years.
17. But no action shall be brought beyond 30 years after right accrued.
18. No further time to be allowed for a succession of disabilities.
19. Barring of successive rights.
20. In cases of express trust, the right not to accrue until conveyance.
21. In cases of fraud, no time shall run while fraud concealed.
22. Extinguishment of right.
23. Receipt of rent to be deemed receipt of profits.
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4 Chap. 56:03 Real Property Limitation
CHAPTER 56:03
REAL PROPERTY LIMITATION ACT
An Act relating to the limitation of real property actions.
[26TH JULY 1846]
1. This Act may be cited as the Real Property Limitation Act.
2. (1) In this Act—
“land” includes messuages and all other immoveable property and
corporeal hereditaments whatsoever, and also any share,
estate, or interest in them or any of them;
“person” includes a class of creditors or other persons;
“rent” includes all annuities and periodical sums of money
charged upon and payable out of any land.
(2) The person through whom another person is said
to claim means any person by, through, under, or by the act of
whom the person claiming became entitled to the estate or
interest claimed, as heir, issue in tail, tenant by the courtesy,
tenant in dower, successor, special or general occupant,
executor, administrator, legatee, husband, assignee, appointee,
devisee, or otherwise.
3. No person shall make an entry or distress, or bring an action
to recover any land or rent, but within sixteen years next after the
time at which the right to make such entry or distress, or to bring
such action, 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 sixteen years next after the
time at which the right to make such entry or distress, or to bring
such action, shall have first accrued to the person making or
bringing the same.
Ordinance
Ch. 5 No. 7—
1940.
Commencement.
Short title.
Interpretation.
No land or rent
to be recovered
but within 16
years after right
of action
accrued.
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4. The right to make an entry or distress, or bring an action
to recover any land or rent, shall be deemed to have first accrued
at such time as is hereinafter mentioned, that is to say—
(a) when the person claiming such land or rent, or
some person through whom he claims, shall, in
respect of the estate or interest claimed, have been
in possession or receipt of the profits of such land,
or in receipt of such rent, and shall, while entitled
thereto, have been dispossessed, or have
discontinued such possession or receipt, then such
right shall be deemed to have first accrued at the
time of such dispossession or discontinuance of
possession, or at the last time at which any such
profits or rent were or was so received;
(b) when the person claiming such land or rent shall
claim the estate or interest of some deceased
person who shall have continued in such
possession or receipt in respect of the same estate
or interest until the time of his death, and shall
have been the last person entitled to such estate
or interest who shall have been in such possession
or receipt, then such right shall be deemed to have
first accured at the time of such death;
(c) when the person claiming such land or rent shall
claim in respect of an estate or interest in
possession, granted, appointed, or otherwise
assured by any instrument (other than a Will) to
him, or some person through whom he claims, by
a person being in respect of the same estate or
interest in the possession or receipt of the profit of
the land, or in the receipt of the rent, and no person
entitled under such instrument shall have been in
such possession or receipt, then such right shall be
deemed to have first accrued at the time at which
the person claiming as aforesaid, or the person
through whom he claims, became entitled to such
possession or receipt by virtue of such instrument;
When the right
shall be deemed
to have accrued.
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(d) when the estate or interest claimed shall have been
an estate or interest in reversion or remainder, or
other future estate or interest, and no person shall
have obtained the possession or receipt of the
profits of such land or the receipt of such rent in
respect of such estate or interest, then such right
shall be deemed to have first accrued at the time
at which such estate or interest became an estate
or interest in possession;
(e) when the person claiming such land or rent, or
the person through whom he claims, shall have
become entitled by reason of any forfeiture or
breach of condition, then such right shall be
deemed to have first accrued when such forfeiture
was incurred or such condition was broken.
5. When any right to make an entry or distress, or to bring an
action to recover any land or rent, by reason of any forfeiture or
breach of condition, shall have first accrued in respect of any estate
or interest in reversion or remainder, and the land or rent shall not
have been recovered by virtue of such right, the right to make an
entry or distress or bring an action to recover such land or rent
shall be deemed to have first accrued in respect of such estate or
interest at the time when the same shall have become an estate or
interest in possession, as if no such forfeiture or breach of condition
had happened.
6. The right to make an entry or distress, or to bring an action
to recover any land or rent, shall be deemed to have first accrued,
in respect of an estate or interest in reversion, 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 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 possession or receipt of the profits of
such land, or in receipt of such rent.
Entry or distress
on breach of
condition.
Reversioner to
have a new
right.
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Real Property Limitation Chap. 56:03 7
7. For the purposes of this Act, an administrator claiming
the estate or interest of the deceased person of whose goods
and effects he shall be appointed administrator shall be deemed
to claim as if there had been no interval of time between the
death of such deceased person and the grant of the letters of
administration.
8. When any person shall be in possession or in receipt of
the profits of any land, or in receipt of any rent, as tenant at will,
the right of the person entitled subject thereto, or of the person
through whom he claims, to make an entry or distress, or bring
an action to recover such land or rent, shall be deemed to have
first accrued either at the determination of such tenancy, or at
the expiration of one year next after the commencement of
such tenancy, at which time such tenancy shall be deemed to
have determined.
9. When any person shall be in possession or in receipt of
the profits of any land, or in receipt of any rent, as tenant from
year to year or other period, without any lease in writing, the right
of the person entitled subject thereto, or of the person through whom
he claims, to make an entry or distress, or to bring an action to
recover such land or rent, shall be deemed to have first accrued at
the determination of the first of such years or other periods, or at
the last time when any rent payable in respect of such tenancy
shall have been received (which shall last happen).
10. When any person shall be in possession or in receipt of
the profits of any land, or in receipt of any rent, by virtue of a lease
in writing by which a rent amounting to the yearly sum of four
dollars and eighty cents or upwards shall be reserved, and the rent
reserved by such lease shall have been received by some person
wrongfully claiming to be entitled to such land or rent in reversion
immediately expectant on the determination of such lease, and no
payment in respect of the rent reserved by such lease shall
afterwards have been made to the person rightfully entitled thereto,
the right of the person entitled to such land or rent subject to such
lease, or of the person through whom he claims, to make an entry
Rights of
administrator.
Tenant at will.
Tenant from
year to year.
Accrual of right
where rent of
$4.80 upwards
reserved by a
lease in writing
shall have been
wrongfully
claimed.
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or distress, or to bring an action after the determination of such
lease, shall be deemed to have first accrued at the time at which
the rent reserved by such lease was first so received by the person
wrongfully claiming as aforesaid; and no such right shall be deemed
to have first accrued upon the determination of such lease to the
person rightfully entitled.
11. No person shall be deemed to have been in possession of
any land within the meaning of this Act merely by reason of having
made an entry thereon; and no continual other claim upon or near
any land shall preserve any right of making an entry or distress or
of bringing an action.
12. It shall and may be lawful for any person entitled to or
claiming under any mortgage whereby the legal estate in the land
comprised in the mortgage shall be conveyed, to make an entry or
bring an action or suit to recover such land at any time within
sixteen years next after the last payment of the principal or interest
money secured by such mortgage, although more than sixteen years
may have elapsed since the time at which the right to make such
entry or bring such action or suit shall have first accrued.
13. (1) When a mortgagee claiming under or by virtue of any
mortgage whereby the legal estate in the land comprised in the
mortgage shall be conveyed, shall have obtained the possession or
receipt of the profits of any land, or the receipt of any rent,
comprised in his mortgage, the mortgagor, or any person claiming
through him shall not bring a suit to redeem the mortgage but within
sixteen years next after the time at which the mortgagee obtained
such possession or receipt, unless in the meantime an
acknowledgment of the title of the mortgagor or of his right of
redemption shall have been given to the mortgagor, or some person
claiming his estate, or to the agent of such mortgagor or person, in
writing, signed by the mortgagee or the person claiming through
him; and in such case no such suit shall be brought but within
sixteen years next after the time at which such acknowledgment,
or the last of such acknowledgments, if more than one, was given.
Effect of entry.
Limitation of
actions by
mortgagees.
Limitation of
actions by
mortgagors.
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Real Property Limitation Chap. 56:03 9
(2) Where there shall be more than one mortgagor, or
more than one person claiming through the mortgagor or
mortgagors, such acknowledgment, 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.
(3) Where there shall be more than one mortgagee, or more
than one person claiming the estate or interest of the mortgagee or
mortgagees, such acknowledgment, 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.
(4) Where such of the mortgagees or persons aforesaid
as shall have given such acknowledgment 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 proportion 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.
14. When any one or more of several persons entitled to any
land or rent as co-heirs, joint tenants, or tenants in common, shall
have been in possession or receipt of the entirety, or more than his
or their undivided share or shares, of such land or of the profits
thereof, or of such rent, for his or their own benefit, or for the benefit
of any person or persons other than the person or persons entitled to
the other share or shares of the same land or rent, such possession or
receipt shall not be deemed to have been the possession or receipt of
or by such last mentioned person or persons or any of them.
Possesssion of
one co-heir not
to be the
possesssion of
others.
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15. When any acknowledgment of the title of the person
entitled to any land or rent shall have been given to him or his
agent in writing, signed by the person in possession or in receipt
of the profits of such land, or in receipt of such rent, then such
possession or receipt of or by the person by whom such
acknowledgment shall have been given, shall be deemed, according
to the meaning of this Act, to have been the possession or receipt
of or by the person to whom or to whose agent such
acknowledgment shall have been given at the time of giving the
same, and the right of such last mentioned person, or any person
claiming through him, to make an entry or distress or bring an
action to recover such land or rent shall be deemed to have first
accrued at and not before the time at which such acknowledgment,
or the last of such acknowledgments, if more than one, was given.
16. If at the time at which the right of any person to make an
entry or distress, or bring an action 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, or
unsoundness of mind, then such person or the person claiming through
him may, notwithstanding the period of sixteen years hereinbefore
limited shall have expired, make an entry or distress, or bring an action
to recover such land or rent, at any time within eight years next after
the time at which the person to whom such right shall first have accrued
as aforesaid shall have ceased to be under any such disability, or shall
have died, which shall have first happened.
17. No entry, distress, or action shall be made or brought by
any person who, at the time at which his right to make an entry or
distress or to bring an action 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 eight years
from the time at which he shall have ceased to be under any such
disability, or have died, shall not have expired.
Effect of
acknowledgment
of title.
Persons under
disability to be
allowed 8 years.
But no action
shall be brought
beyond 30 years
after right
accrued.
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Real Property Limitation Chap. 56:03 11
18. When any person shall be under any of the disabilities
hereinbefore mentioned at the time at which his right to make an
entry or distress, or to bring an action to recover any land or rent,
shall have first accrued, and shall depart this life without having
ceased to be under any such disability, no time to make an entry or
distress, or to bring an action to recover such land or the possession
thereof, or such rent, beyond the said period of sixteen years next
after the right of such person to make an entry or distress, or to
bring an action to recover such land or rent, shall have first accrued,
or the said period of eight years next after the time at which such
person shall have died, shall be allowed by reason of any disability
of any other person.
19. When the right of any person to make an entry or distress,
or to bring an action to recover any land or rent to which he may
have been entitled for an estate or interest in possession, shall have
been barred by the determination of the period hereinbefore limited,
which shall be applicable in such case, and such person shall, at
any time during the said period, have been entitled to any other
estate, interest, right, or possibility in reversion, remainder, or
otherwise, in or to the same land or rent, no entry, distress, or action
shall be made or brought by such person, or any person claiming
through him, to recover such land or rent, in respect of such other
estate, interest, right, or possibility, unless in the meantime such
land or rent shall have been recovered by some person entitled to
an estate, interest, or right which shall have been limited or taken
effect after or in defeasance of such estate or interest in possession.
20. When any land or rent shall be vested in a trustee upon
any express trust, the right of the cestui que trust, or any person
claiming through him, to bring a suit against the trustee, or any
person claiming through him, to recover such land or rent, shall be
deemed to have first accrued, according to the meaning of this
Act, at and not before the time at which such land or rent shall
have been conveyed to a purchaser for a valuable consideration,
and shall then be deemed to have accrued only as against such
purchaser and any person claiming through him.
No further time
to be allowed
for a succession
of disabilities.
Barring of
successive
rights.
In cases of
express trust, the
right not to
accrue until
conveyance.
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21. In every case of a concealed fraud, the right of any person
to bring a suit in equity for the recovery of any land or rent of
which he, or any person through whom he claims, may have been
deprived by such fraud, shall be deemed to have first accrued at
and not before the time at which such fraud shall, or with
reasonable diligence might, have been first known or discovered:
Provided that nothing in this section contained shall enable any
owner of lands or rents to have a suit in equity for the recovery
of such lands or rents, or for setting aside any conveyance of
such lands or rents on account of fraud, against any bona fide
purchaser for valuable consideration who has not assisted in the
commission of such fraud, and who at the time that he made the
purchase did not know and had no reason to believe that any
such fraud had been committed.
22. At the determination of the period limited by this Act to
any person for making an entry or distress, or bringing any
action or suit, the right and title of such person to the land or rent
for the recovery whereof such entry, distress, action, or suit
respectively might have been made or brought within such
period shall be extinguished.
23. The receipt of the rent payable by any tenant from year to
year, or other lessee, shall, as against such lessee or any person
claiming under him (but subject to the lease), be deemed to be the
receipt of the profits of the land for the purposes of this Act.
In cases of
fraud, no time
shall run while
fraud concealed.
Extinguishment
of right.
Receipt of rent
to be deemed
receipt of
profits.
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