Queensland Consolidated Acts

LIMITATION OF ACTIONS ACT 1974 - SECT 19

19 Right of action not to accrue or continue unless there is adverse possession

(1) A right of action to recover land shall be deemed not to accrue unless the land is in the possession of some person in whose favour the period of limitation can run (
"adverse possession" ) and where under the provisions of this Act such right of action is deemed to accrue on a certain date and no person is in adverse possession on that date, the right of action shall be deemed not to accrue unless and until adverse possession is taken of the land.

(2) Where a right of action to recover land has accrued and thereafter, before the right is barred, the land ceases to be in adverse possession, the right of action shall no longer be deemed to accrue unless and until the land is again taken into adverse possession.

(3) For the purpose of this section—

(a) possession of land subject to a rentcharge by a person (other than the person entitled to the rentcharge) who does not pay the rent shall be deemed to be adverse possession of the rentcharge; and

(b) receipt of rent, under a lease by a person wrongfully claiming in accordance with section 18 (3) the land in reversion, shall be deemed to be adverse possession of the land.