Real Property Limitation Act 1833

JurisdictionUK Non-devolved
Citation1833 c. 27
Anno Regni GULIELMI IV. Britanniarum Regis,Tertio. An Act for the Limitation of Actions and Suits relating to Real Property, and for simplifying the Remedies for trying the Rights thereto.( a)

(3 & 4 Will. 4) C A P. XXVII.

[24th July 1833]

BE it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authorityof the same, That the Words and Expressions herein-after mentioned, which in their ordinary Signification have a more confined or a different Meaning, shall in this Act, except where the Nature of the Provision or the Context of the Act shall exclude such Construction, be interpreted as follows; (that is to say,) the Word ‘ Land’ shall extend to Manors, Messuages, and all other corporeal Hereditaments whatsoever, and also to Tithes (other than Tithes belonging to a Spiritual or Eleemosynary Corporation Sole), and also to any Share, Estate, or Interest in them or any of them, whether the same shall be a Freehold or Chattel Interest, and whether Freehold or Copyhold, or held according to any other Tenure; and the Word ‘ Rent’ shall extend to all Heriots, and to all Services and Suits for which a Distress may be made, and to all Annuities and periodical Sums of Money charged upon or payable out of any Land (except Moduses or Compositions belonging to a Spiritual or Eleemosynary CorporationSole); and the Person through whom another Person is said to claim shall mean any Person by, through, or under, or by the Act of whom, the Person so claiming became entitled to the Estate or Interest claimed, as Heir, Issue in Tail, Tenant by the Curtesy ofEngland , Tenant in Dower, Successor, special or general Occupant, Executor, Administrator, Legatee, Husband, Assignee, Appointee,

(a ) See 2 & 3 W. 4. c. 100.

Devisee, or otherwise, and also any Person who was entitled to an Estate or Interest to which the Person so claiming, or some Person through whom he claims, became entitled as Lord by Escheat; and the Word ‘ Person’ shall extend to a Body Politic, Corporate, or Collegiate, and to a Class of Creditors or other Persons, as well as an Individual; and every Word importing the Singular Numberonly shall extend and be applied to several Persons or Things as well as one Person or Thing; and every Word importing the Masculine Gender only shall extend and be applied to a Female as well as a Male
S-II No Land or Rent to be recovered but within 20 Years after the Right of Action accrued.

II No Land or Rent to be recovered but within 20 Years after the Right of Action accrued.

II. And be it further enacted, That after the Thirty-first Day ofDecember One thousand eight hundred and thirty-three no Person shall make an Entry or Distress or bring an Action to recover any Land or Rent but within Twenty 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 Twenty 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.

S-III When the Right shall be deemed to have accrued:

III When the Right shall be deemed to have accrued:

III. And be it further enacted, That in the Construction of this Act 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 herein-after is mentioned; (that is to say,) when the Person claiming such Land or Rent, or some Person through whom he claims, shall, in respect of the Estateor Interest claimed, have been in Possession or in 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 Dispossessionor Discontinuance of Possession, or at the last Time at which any such Profits or Rentwere or was so received; and 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 accrued at the Time of such Death; and when the Person claiming such Land or Rentshall 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 Profits 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; and when the Estate or Interest claimed shall have been an Estateor 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; and 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.

S-IV If Advantage of Forfeiture is not taken by Remainderman, he shall have a new Right when Estate comes into Possession.

IV If Advantage of Forfeiture is not taken by Remainderman, he shall have a new Right when Estate comes into Possession.

IV. Provided always, That 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.

S-V Reversioner to have a new Right.

V Reversioner to have a new Right.

V. Provided also, That a 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.

S-VI An Administrator to claim as if he obtained the Estate without Interval.

VI An Administrator to claim as if he obtained the Estate without Interval.

VI. And be it further enacted, That for the Purposes of this Act an Administrator claiming the Estate or Interest of the deceased Person of whose Chattels 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.

S-VII In the Case of a Tenant at Will, the Right shall be deemed to have accrued at the End of One Year.

VII In the Case of a Tenant at Will, the Right shall be deemed to have accrued at the End of One Year.

VII. And be it further enacted, That 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: Provided always, that no Mortgagor or Cestuique Trust shall be deemed to be a Tenant at Will, within the Meaning of this Clause, to his Mortgagee or Trustee.

S-VIII No Person, after a Tenancy from Year to Year, to have any Right but from the End of the first Year or last Payment.

VIII No Person, after a Tenancy from Year to Year, to have any Right but from the End of the first Year or last Payment.

VIII. And be it further enacted, That 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...

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