Western Australian Current Acts Western Australian Current Acts (1) A cause of action
to recover land does not accrue unless the land is in adverse possession and
if, under this Act, such a cause of action would have accrued at a certain
time but the land is not in adverse possession at that time, the cause of
action does not accrue unless and until adverse possession of the land is
taken.
(2) Subject to
subsection (3), if —
(a) a
cause of action accrues to recover land from a person in adverse possession of
the land; and
(b)
afterwards, the land is in the adverse possession of a second person, whether
the second person claims through the first person or not,
the cause of action to
recover the land from the second person accrues when the cause of action
mentioned in paragraph (a) accrues.
(3) If a cause of
action to recover land accrues and afterwards, but before the limitation
period for the action expires, the land ceases to be in adverse possession,
the cause of action does not accrue unless and until adverse possession of the
land is taken again.