Western Australian Current Acts

LIMITATION ACT 2005 - SECT 73

73 .         Beneficial co-owners of land

        (1)         In this section —

        land means land held on trust under a settlement;

        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.

        (2)         A cause of action to recover land that is in the possession of a person entitled under the settlement to immediate possession of the land does not, for the purposes of this Act, accrue during such possession to the trustee or any other person entitled to an estate or interest in the land under the settlement.

        (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)         2 or more persons in possession who are absolutely entitled under the settlement to the land as joint tenants or as tenants in common.