South Australian Current Acts

LIMITATION OF ACTIONS ACT 1936 - SECT 31

31—Application of Act to express trusts

Subject to the next following section—

            (a)         where any land or rent is vested in a trustee on any express trust, the right of the beneficiary or any person claiming through him, to bring an action against the trustee or any person claiming through him, to recover the land or rent, shall be deemed to have first accrued at, and not before, the time at which the land or rent has been conveyed to a purchaser for a valuable consideration, and shall then be deemed to have accrued only as against that purchaser and any person claiming through him;

            (b)         no claim of a beneficiary against his trustee, in respect of any property held on an express trust, or in respect of any breach of an express trust, shall, subject to the next following subsection, be barred by any statute of limitations;

            (c)         no action or other proceeding shall be brought to recover any sum of money or legacy charged upon or payable out of any land or rent and secured by an express trust, or to recover any arrears of rent or of interest in respect of any sum of money or legacy so charged or payable and so secured, or any damages in respect of such arrears, except within the time within which the money, legacy, or arrears would be recoverable if there were not any such trust.