EV-0639 — S. H. Goo, Sourcebook on Land Law: Limitation Act 1980 s.29 with a footnote to BP Properties Ltd v Buckler

Catalogue record

Transcript

"Sourcebook on land law" by S. H. Goo (book preview page).

Limitation Act 1980

29. Fresh accrual of action on acknowledgment or part payment

(1) Sub-ss (2) and (3) below apply where any right of action (including a foreclosure action) to recover land or an advowson or any right of a mortgagee of personal property to bring a foreclosure action in respect of the property has accrued.

(2) If the person in possession of the land, benefice or personal property in question acknowledges the title of the person to whom the right of action has accrued: (a) the right shall be treated as having accrued on and not before the date of the acknowledgment; and (b) in the case of a right of action to recover land which has accrued to a person entitled to an estate or interest taking effect on the determination of an entailed interest against whom time is running under s 27 of this Act, s 27 shall thereupon cease to apply to the land.

(3) In the case of a foreclosure or other action by a mortgagee, if the person in possession of the land, benefice or personal property in question or the person liable for the mortgage debt makes any payment in respect of the debt (whether of principal or interest) the right shall be treated as having accrued on and not before the date of the payment.

(4) Where a mortgagee is by virtue of the mortgage in possession of any mortgaged land and either: (a) receives any sum in respect of the principal or interest of the mortgage debtor; or (b) acknowledges the title of the mortgagor, or his equity of redemption; an action to redeem the land in his possession may be brought at any time before the expiration of 12 years from the date of the payment or acknowledgment.

(5) Subject to sub-s (6) below, where any right of action has accrued to recover: (a) any debt or other liquidated pecuniary claim; or (b) any claim to the personal estate of a deceased person or to any share or interest in any such estate; and the person liable or accountable for the claim acknowledges the claim or makes any payment in respect of it the right shall be treated as having accrued on and not before the date of the acknowledgment or payment.

Footnotes: 121 BP Properties Ltd v Buckler (1987) 55 P & CR 337, CA. 122 Markfield Investments Ltd v Evans [2001] 2 All ER 238, CA.

Transcription note: Screen capture of a book preview page. Transcribed in full; a third footnote line at the foot is cut off and not given. The footnote markers 121–122 belong to text on the preceding page, which is not in the capture.

Destination

• Where the original is held: Original: S. H. Goo, Sourcebook on Land Law. Our copy: a screen capture of a book preview held by the family.
• On this site: this artifact page, listed in the Evidence Register, and cited from the judgment page EV-0080.
• Image: the copy held is not reproduced here; the transcript stands in for it (third-party copyright).

Interpretation

A sourcebook prints section 29 of the Limitation Act 1980 (fresh accrual on acknowledgment) and footnotes the case beside it.

Related records

• Cites: EV-0080