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LIMITATION ACT 1969 - SECT 37
Settled land
37 Settled land
(1) Where land is held on trust under a settlement-- (a) while there is in
existence or there may come into existence a beneficiary whose cause of action
to enforce his or her estate or interest in the land under the settlement has
not accrued or has not been barred by this Act, nothing in this Act bars a
cause of action of the trustee to recover the land or to enforce an equitable
estate or interest in the land, so far as the cause of action is necessary to
support or give effect to the estate or interest of the beneficiary in the
land under the settlement; but
(b) when the cause of action of every possible
beneficiary to enforce his or her estate or interest in the land under the
settlement is barred by this Act, and the cause of action of the trustee to
recover the land or to enforce an equitable estate or interest in the land
would, but for paragraph (a), be barred by this Act, an action on a cause of
action to recover the land or to enforce an equitable estate or interest in
the land is not maintainable by the trustee.
(2) Subject to subsection (3),
where land is held on trust under a settlement and a person entitled to a
present estate or interest in the land under the settlement is in possession
of the land, a cause of action to recover the land or to enforce an equitable
estate or interest in the land does not, for the purposes of this Act, accrue
to the trustee or to any person entitled to an estate or interest in the land
under the settlement against the person in possession of the land while the
latter person is entitled to the firstmentioned estate or interest and is in
possession of the land.
(3) Subsection (2) does not apply to a cause of
action against-- (a) a person in possession who is solely and absolutely
entitled under the settlement to the land, or
(b) two or more persons in
possession who are absolutely entitled under the settlement to the land as
joint tenants or as tenants in common.
(4) In this section,
"settlement" means a disposition, inter vivos or by will, of property upon
trust, where no person is, immediately after the disposition takes effect,
beneficially entitled to the trust property absolutely.
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