Queensland Consolidated Acts

LIMITATION OF ACTIONS ACT 1974 - SECT 15

15 Accrual of right of action in cases of future interests in land

(1) Subject to this section, the right of action to recover land in a case where the estate or interest claimed was an estate or interest in reversion or remainder or any other future estate or interest and no person has taken possession of the land by virtue of the estate or interest claimed shall be deemed to have accrued on the date on which the estate or interest fell into possession by the determination of the preceding estate or interest.

(2) If the person entitled to the preceding estate or interest was not in possession of the land on the date of the determination thereof, action shall not be brought by the person entitled to the succeeding estate or interest after the expiration of 12 years from the date on which the right of action accrued to the person entitled to the preceding estate or interest or 6 years from the date on which the right of action accrued to the person entitled to the succeeding estate or interest whichever period last expires.

(3) A person shall not bring an action to recover an estate or interest in land under an assurance taking effect after the right of action to recover the land had accrued to the person by whom the assurance was made or some person through whom the person claimed or some person entitled to a preceding estate or interest unless the action is brought within the period during which the person by whom the assurance was made could have brought an action.

(4) Where a person is entitled to an estate or interest in land in possession and, while so entitled, is also entitled to a future estate or interest in that land and the person’s right to recover the estate or interest in possession is barred under this Act, action shall not be brought by that person or by a person claiming through the person in respect of the future estate or interest unless, in the meantime, possession of the land has been recovered by a person entitled to an intermediate estate or interest.