This report considers the effect of the Limitations Act on the areas of adverse possession and lasting improvements under the Law of Property Act. In considering how best to resolve disputes regarding the ownership and use of land, this report looks to the objectives of protecting future ownership of land, ensuring land’s transferability, and preventing the revival of stale claims. Recommendations to avoid the effect of claims being postponed by a continuing course of conduct include to subject possession of land to a ten-year limitation period that runs from the time the owner is dispossessed. Claims under section 69 of the Law of Property Act should be subject to a ten year limitation period that runs from the time the improvements were made. The application of the transitional provision claims to recover possession of land should not be subject to the two-year limitation period in the Limitations Act’s transitional provision. To avoid reviving stale claims after the limitation period has expired where an owner transfers land to a donee, the donee should become the successor owner of any claim to recover possession. Re-entry to recover possession should only be effective within the limitation period. The principle of acknowledgement should only be effective within the limitation period.
Final Report
Back to Publication SearchLimitations Act – Adverse Possession and Lasting Improvements, Final Report 89
Resource Details
Publication No: | 89 |
FORMAT: | Publications |
TAGS: | adverse possession, section 69, dispossession, real estate, dispute, Limitations, Property |
FILE: | fr089.pdf |