Queensland Consolidated Acts

LIMITATION OF ACTIONS ACT 1974 - SECT 14

14 Accrual of right of action in cases of present interests in land

(1) Where the person bringing an action to recover land or some person through whom the person claims has been in possession thereof and has, while entitled thereto, been dispossessed or discontinued possession, the right of action shall be deemed to have accrued on the date of the dispossession or discontinuance.

(2) Where a person brings an action to recover land of a deceased person, whether under a will or on intestacy and the deceased person was on the date of death in possession of the land or, in the case of a rentcharge created by will or taking effect upon the person’s death, in possession of the land charged and was the last person entitled to the land to be in possession thereof, the right of action shall be deemed to have accrued on the date of death.

(3) Where a person brings an action to recover land, being an estate or interest in possession assured otherwise than by will to the person or some person through whom the person claims by a person who on the date when the assurance took effect was in possession of the land or, in the case of a rentcharge created by the assurance, in possession of the land charged and no person has been in possession of the land by virtue of the assurance, the right of action shall be deemed to have accrued on the date when the assurance took effect.