Action upon deed
14 Action upon deed
An action founded upon a deed is not maintainable if brought after the expiration of a limitation period of 12 years from the date on which the cause of action first accrued to the plaintiff or to a person through whom he claims.
Where a right of action is founded on an instrument which, if registered under the Land Title Act 2000 would, by virtue of section 179 of that Act, take effect as a deed and:
before the registration of the instrument, a limitation period fixed by or under this Act expires; and
the instrument is subsequently registered before the expiration of 12 years after the date when the right of action first arose,
the expiry of the limitation period has no effect and an action which is founded on the instrument may be brought at any time after the date of registration and before the expiry of a period of 12 years from the date when the right of action founded on the instrument first arose.
This Act’s bill:Second reading speech
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