Withdrawn Uniform Acts

Uniform Limitation of Actions Act (1976)

PART V

Agreements for the Sale of Land

Actions by purchasers under agreements

33. (1) No purchaser of land or any person claiming through him shall bring any action in respect of the agreement for the sale thereof but

(a) within ten years after the right to bring the action first accrued to the purchaser; or

(b) if the right did not accrue to the purchaser, then within ten years after the right first accrued to a person claiming through the purchaser.

Idem

(2) When, at any time prior to the expiry of ten years from the accrual of the right to bring an action in respect of an agreement for sale of land,

(a) any person bound or entitled to make payment of the purchase money or his agent in that behalf, pays any part of the money payable under the agreement of sale to a person entitled to receive the money, or his agent; or

(b) any acknowledgment in writing of the right of the purchaser or person claiming through him to the land, or to make such payment, was given to the purchaser or person claiming through him or to the agent of such purchaser or person signed by the vendor or the person claiming through him or the agent in that behalf of either of them,

then the right to take proceedings shall be deemed to have first accrued at (and not before) the time at which the payment or the last of the payments, if more than one, was made, or the time at which the acknowledgment or the last of the acknowledgments, if more than one, was given.

Actions by vendors

34. No vendor of land or person claiming through him shall take any proceedings

(a) for cancellation, determination or rescission of the agreement for the sale of the land;

(b) for foreclosure or sale thereunder; or

(c) to recover the land

but within ten years after the right to take the proceedings first accrued to the vendor, or if the right did not accrue to the vendor, then within ten years after the right first accrued to a person claiming through the vendor.

Accrual of right of action

35. When, at any time prior to the expiry of ten years from the accrual of the right to take the proceedings mentioned in section 34,

(a) any person bound or entitled to make payment of the purchase money or his agent in that behalf, pays any part of the money payable under the agreement of sale to a person entitled to receive the same, or his agent; or

(b) any acknowledgment in writing of the right of the vendor or person claiming through him to the land or to receive the payment was given to the vendor or person claiming through him or to the agent of such vendor or person signed by the purchaser or the person claiming through him or the agent in that behalf of either of them,

then the right to take proceedings shall be deemed to have first accrued at (and not before) the time at which the payment or last of the payments, if more than one, was made, or the time at which the acknowledgment or last of the acknowledgments, if more than one was given.

Next Annual Meeting

2017 Conference

Hotel Saskatchewan

Regina, SK

August 13 - 17, 2017
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