Withdrawn Uniform Acts

Uniform Limitation of Actions Act (1976)

PART III

Land

General Principle

Recovery of land

15. No person shall take proceedings to recover any land but

(a) within ten years next after the time at which the right to do so first accrued to some person through whom he claims (hereinafter called "predecessor"); or

(b) if such right did not accrue to a predecessor then within ten years next after the time at which such right first accrued to the person taking the proceedings (hereinafter called "claimant").

Special Cases

Dispossession of claimant

16. Where the claimant or a predecessor,

(a) has in respect of the estate or interest claimed been in possession of the land or in receipt of the profits thereof; and

(b) has while entitled thereto,

(i) been dispossessed, or

(ii) discontinued such possession or receipt,

the right to take proceedings to recover the land shall be deemed to have first accrued at the time of such dispossession or discontinuance of possession or at the last time at which any such profits were so received.

Recovery of land by claimant of interest of deceased person

17. Where the claimant claims the estate or interest of a deceased predecessor who was

(a) in possession of the land or in receipt of the profits thereof in respect of the same estate or interest at the time of his death; and

(b) the last person entitled to such estate or interest who was in such possession or receipt,

the right to take proceedings to recover the land shall be deemed to have first accrued at the time of the death of the predecessor.

Alienation

18. Where the claimant claims in respect of an estate or interest in possession, granted, appointed or otherwise assured to him or a predecessor by a person being in respect of the same estate or interest in the possession of the land or in receipt of the profits thereof and no person entitled under the assurance has been in such possession or receipt the right to take proceedings to recover the land shall be deemed to have first accrued at the time at which the claimant or his predecessor became entitled to such possession or receipt by virtue of the assurance.

Forfeiture

19. Where the claimant or the predecessor becomes entitled by reason of forfeiture or breach of condition, then the right to take proceedings to recover the land shall be deemed to have first accrued whenever the forfeiture was incurred or the condition was broken.

Future Estates

Owner of particular estate

20. Where

(a) the estate or interest claimed has been

(i)an estate or interest in reversion or remainder, or

(ii) some other future estate or interest, including therein an executory devise;

and

(b) no person has obtained the possession of the land or is in receipt of the profits thereof in respect of such estate or interest,

the right to take proceedings to recover the land shall be deemed to have first accrued at the time at which the estate or interest became an estate or interest in possession, by the determination of any estate or estates in respect of which the land has been held or the profits thereof have been received notwithstanding the claimant or the predecessor has at any time previously to the creation of the estate or estates which has determined been in the possession of the land or in receipt of the profits thereof.

Owner of particular estate out of possession

21. If the person last entitled to any particular estate on which any future estate or interest was expectant was not in possession of the land or in receipt of the profits thereof at the time when his interest determined, no proceedings to recover the land shall be taken by any person becoming entitled in possession to a future estate or interest but

(a) within ten years next after the time when the right to take proceedings first accrued to the person whose interest has so determined; or

(b) within five years next after the time when the estate of the person becoming entitled in possession has become vested in possession,

whichever of these two periods is the longer.

Settlement while statute is running

22. If the right to take proceedings to recover the land has been barred, no proceedings shall be taken by any person afterwards claiming to be entitled to the same land in respect of any subsequent estate or interest under any will or assurance executed or taking effect after the time when a right to take proceedings first accrued to the owner of the particular estate whose interest has so determined.

Successive estates in same person

23. When

(a) the right of any person to take proceedings to recover any land to which he may have been entitled for an estate or interest in possession entitling him to take proceedings has been barred by the determination of the period which is applicable in such case; and

(b) such person has at any time during the said period been entitled to any other estate, interest, right or possibility in reversion, remainder or otherwise in or to the same land,

no proceedings shall be taken by him or any person claiming through him to recover the land in respect of such other estate, interest, right or possibility, unless in the meantime the land has been recovered by some person entitled to an estate, interest or right which has been limited or taken effect after or in defeasance of the estate or interest in possession.

Accrual of right on forfeiture action

24. When

(a) the right to take proceedings to recover any land first accrued to a claimant or a predecessor by reason of any forfeiture or breach of condition, in respect of an estate or interest in reversion or remainder; and

(b) the land has not been recovered by virtue of such right,

the right to take proceedings shall be deemed to have first accrued at the time when the estate or interest became an estate or interest in possession.

Landlord and Tenant

Wrongful receipt of rent

25. Where

(a) a person is in possession of land, or in receipt of the profits thereof by virtue of a lease in writing by which a rent amounting to the yearly sum or value of four dollars or upwards is reserved; and

(b) the rent reserved by the lease has been received by a person wrongfully claiming to be entitled to the land in reversion immediately expectant on the determination of the lease; and

(c) no payment in respect of the rent reserved by the lease has afterwards been made to the person rightfully entitled thereto,

the right of the claimant or his predecessor to take proceedings to recover the land after the determination of the lease shall be deemed to have first accrued at the time at which the rent reserved by the lease was first so received by the person wrongfully claiming as aforesaid and no such right shall be deemed to have first accrued upon the determination of the lease to the person rightfully entitled.

Tenancy from year to year

26. Where any person is in possession of any land or in receipt of the profits thereof as tenant from year to year, or other period, without any lease in writing, the right of the claimant or his predecessor to take proceedings to recover the land shall be deemed to have first accrued

(a) at the determination of the first of such years or other periods; or

(b) at the last time (prior to his right to take proceedings being barred under any other provisions of this Act) when any rent payable in respect of such tenancy was received by the claimant or his predecessor or the agent of either,

whichever last happens.

Tenancies at will

27. (1) Where a person is in possession of land or in receipt of the profits thereof as tenant at will, the right of the claimant or his predecessor to take proceedings to recover the land shall be deemed to have first accrued either

(a) at the determination of the tenancy; or

(b) at the expiration of one year next after its commencement,

at which time, if the tenant was then in possession, the tenancy shall be deemed to have been determined.

Idem

(2) No mortgagor or cestui que trust under an express trust shall be deemed to be a tenant at will to his mortgagee or trustee within the meaning of this section.

Concealed fraud

28. (1) In every case of concealed fraud on the part of

(a) the person setting up this Part as a defence; or

(b) some other person through whom such first mentioned person claims,

the right of any person to bring an action for the recovery of any land of which he or any person through whom he claims may have been deprived by the fraud shall be deemed to have first accrued at and not before the time at which the fraud was or with reasonable diligence might have been first known or discovered.

Idem

(2) Nothing in subsection (1) enables an owner of land to bring an action for the recovery of the land, or for setting aside any conveyance thereof, on account of fraud against any purchaser in good faith for valuable consideration,

(a) who did not assist in the commission of the fraud, and

(b) who at the time that he made the purchase, did not know, and had no reason to believe, that any such fraud had been committed.

Acknowledgments of title

29. When any acknowledgment in writing of the title of a person entitled to any land signed by the person in possession of the land or in receipt of the profits thereof or his agent in that behalf has been given to him or his agent prior to his right to take proceedings to recover the land having been barred under the provisions of this Act, then

(a) the possession or receipt of or by the person by whom the acknowledgment was given shall be deemed, according to the meaning of this Act, to have been the possession or receipt of or by the person to whom or to whose agent such acknowledgment was given at the time of giving the same; and

(b) the right of the last mentioned person, or of any per-s son claiming through him, to take proceedings shall be deemed to have first accrued at and not before the time at which the acknowledgment, or the last of the acknowledgments, if more than one, was given.

(NOTE: In any province in which there are now in force limitation provisions relating to dower and estates tail (see, e.g., R.S.O. 1927, c. 106, 88. 25-30), the appropriate provisions may be added here.)

Next Annual Meeting

2018 Conference (Centennial)

Delta Hotel

Québec City, QC

August 12 - 16, 2018