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Statutes of Northern Ireland
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STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - LONG TITLE

An Act to consolidate with amendments certain enactments relating to
the limitation of actions and arbitrations.{1}
[1st July 1958]
PART I

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 1

1.(1) Subject to the provisions of this Part, this Act applies to
any proceeding in any Court established by law in Northern Ireland
other than

(a)a proceeding by the Crown

(i)for the recovery of any tax or duty or interest thereon or of
any fine or penalty due in connection with any tax or duty; or

(ii)for a forfeiture under any statutory provision ...; or

(b)a proceeding in respect of the forfeiture of a ship or any
interest in a ship; or

(c)a proceeding for which a period of limitation is fixed by any
[other limitation provision], or a proceeding to which the Crown is
a party and for which, if it were a proceeding between subjects, a
period of limitation would be fixed by any [other limitation
provision].

(2) Nothing in this Act shall operate to prescribe the period
within which a criminal proceeding must be instituted.

(3) References in this Act to an action are references to any
proceeding to which this Act applies.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 2
Application of this Act to set-off or counterclaim.

2. This Act applies to a claim pleaded by way of set-off or
counterclaim in an action in like manner as if that claim were a
separate action commenced on the same date as the action in which
it is so pleaded.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 3
Application of this Act and other limitation provisions to
arbitrations.

3. Subject to the special provisions set out in Part V, this Act
and any [other limitation provision] shall apply to arbitrations as
they apply to actions.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 4
Application of this Act to the Crown, etc.

4.(1) Save as in this Act otherwise expressly provided and without
prejudice to the provisions of sub-section (1) of section one, this
Act applies to actions by or against the Crown in like manner as
it applies to actions between subjects.

(2) References in this Act to actions by or against the Crown
include references to actions by or (as the case may be) against

(a)Her Majesty in right of the Crown or of the Duchy of Lancaster
or of the Duchy of Cornwall or the Duke of Cornwall for the time
being;

(b)the Crown in right of Her Majesty's Government in the United
Kingdom or in right of Her Majesty's Government in Northern Ireland;

(c)any Minister, officer or other person acting on behalf of the
Crown whether in right of Her Majesty's Government in the United
Kingdom or in right of Her Majesty's Government in Northern Ireland;
or

(d)any department of either such Government and any officer or other
person acting on behalf of any such department.

(3) Nothing in this Act shall affect the prerogative right of Her
Majesty to any gold or silver mine.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 5
Saving for equitable jurisdiction to refuse relief for acquiescence
or otherwise.

5. Nothing in this Act shall affect any equitable jurisdiction to
refuse relief on the ground of acquiescence or otherwise.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 6
Savings (General).

6.(1) Nothing in this Act shall

(a)enable any action to be brought which was barred before the
commencement of this Act by an enactment repealed by this Act,
except in so far as the cause of action or right of action may
be revived by an acknowledgment or part payment made in accordance
with the provisions of Part IV; or

(b)affect any action or arbitration commenced before the commencement
of this Act or the title to any property which is the subject of
any such action or arbitration; or

Para.(c) rep. by 1962 c.12 (NI) s.32 sch.; para.(d) spent

Parts II and III to be subject to provisions of Part IV relating
to disability, acknowledgment, fraud, etc.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 7

7. The provisions of Parts II and III shall have effect subject to
the provisions of Part IV which provide for the extension of the
periods of limitation in the case of disability, acknowledgment, part
payment, fraud and mistake.

Limitation of actions founded on contract, etc.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 8

8. [Subject to sections 9A and 9B,] the following actions shall not
be brought after the expiration of six years from the date on
which the cause of action accrued:

(a)an action founded on simple contract;

(b)an action founded on quasi-contract;

(c)an action to enforce a recognizance;

(d)an action to enforce an award where the arbitration agreement is
not under seal;

(e)an action to recover any sum recoverable by virtue of any
enactment, other than

(i)a penalty or forfeiture or sum by way of penalty or forfeiture;
or

(ii)a debt created by sub-section (2) of section twenty or by
section one hundred and fifty-four of the Companies Act (Northern
Ireland), 1932; or

<(iii)an amount recoverable [under section 1 of the Civil Liability (Contribution) Act 1978].

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 9
Limitation of actions founded on tort.

9.(1) Subject to sub-section (2) and to [sections 9A, 9B and 10],
an action founded on tort shall not be brought after the expiration
of six years from the date on which the cause of action accrued

(2) [An action claiming damages for slander] shall not be brought
after the expiration of three years from the date on which the
cause of action accrued

Paras.(a)(b) rep. by 1976 NI 18 art.6(2) sch.2

Time limit for personal injuries.

[

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 9A

9A.(1) This section applies to any action for damages for
negligence, nuisance or breach of duty (whether the duty exists by
virtue of a contract or of provision made by or under a statute
or independently of any contract or any such provision) where the
damages claimed by the plaintiff for the negligence, nuisance or
breach of duty consist of or include damages in respect of personal
injuries to the plaintiff or any other person.

(2) Sections 8 and 9 shall not apply to an action to which this
section applies.

(3) Subject to section 9D, an action to which this section applies
shall not be brought after the expiration of the period specified
in sub-sections (4) and (5).

(4) Except where sub-section (5) applies, the said period is three
years from

(a)the date on which the cause of action accrued, or

(b)the date (if later) of the plaintiff's knowledge.

(5) If the person injured dies before the expiration of the period
in sub-section (4), the period as respects the cause of action
surviving for the benefit of the estate of the deceased by virtue
of section 14 of the Law Reform (Miscellaneous Provisions) Act
(Northern Ireland) 1937 shall be three years from

(a)the date of death, or

(b)the date of the personal representative's knowledge,

(6) In this section, and in section 9B, references to a person's
date of knowledge are references to the date on which he first had
knowledge of the following facts

(a)that the injury in question was significant, and

(b)that that injury was attributable in whole or in part to the
act or omission which is alleged to constitute negligence, nuisance
or breach of duty, and

(c)the identity of the defendant, and

(d)if it is alleged that the act or omission was that of a person
other than the defendant, the identity of that person and the
additional facts supporting the bringing of an action against the
defendant,

(7) For the purposes of this section an injury is significant if
the plaintiff would reasonably have considered it sufficiently serious
to justify his instituting proceedings for damages against a
defendant who did not dispute liability and was able to satisfy a
judgment.

(8) For the purposes of this section and section 9B a person's
knowledge includes knowledge which he might reasonably have been
expected to acquire

(a)from facts observable or ascertainable by him, or

(b)from facts ascertainable by him with the help of medical or
other appropriate expert advice which it is reasonable for him to
seek,

(9) For the purposes of this section "personal representative"
includes any person who is or has been a personal representative of
the deceased, including an executor who has not proved the will
(whether or not he has renounced probate); and regard shall be had
to any knowledge acquired by any such person while a personal
representative or previously.

(10) If there is more than one personal representative and their
dates of knowledge are different, sub-section (5)(b) shall be read
as referring to the earliest of those dates.][

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 9B
Time limit for actions under Fatal Accidents (NI) Order.

9B.(1) This section has effect subject to section 9D.

(2) An action under [the Fatal Accidents (Northern Ireland) Order
1977] shall not be brought if the death occurred when the person
injured could no longer maintain an action and recover damages in
respect of the injury (whether because of a time limit in this Act
or in any other statutory provision, or any other reason).

Where any such action by the injured person would have been barred
by the time limit in section 9A, no account shall be taken of the
possibility of that time limit being overridden under section 9D.

(3) An action under [the Fatal Accidents (Northern Ireland) Order
1977] shall not be brought after the expiration of three years from

(a)the date of death, or

(b)the date of knowledge of the person for whose benefit the action
is brought,

(4) Sub-section (3) shall not apply to an action for which a
period of limitation is prescribed by any other limitation provision,
and sections 8 to 9A shall not apply to an action under [the
Fatal Accidents (Northern Ireland) Order 1977.]

(5) An action under [the Fatal Accidents (Northern Ireland) Order
1977] shall be one to which sections 49 and 50 (persons under
disability) apply, but otherwise Parts I, IV and V shall not apply
to the action.][

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 9C
Dependants subject to different time limits.

9C.(1) This section applies where there is more than one person for
whose benefit an action under [the Fatal Accidents (Northern Ireland)
Order 1977] is brought.

(2) Section 9B(3)(b) shall be applied separately to each of them,
and if that would debar one or more of them, but not all, the
court shall direct that any person who would be so debarred shall
be excluded from those for whom the action is brought unless it is
shown that if the action were brought exclusively for the benefit
of that person it would not be defeated by a defence of limitation
(whether in consequence of section 50 (persons under disability), or
an agreement between the parties not to raise the defence, or
otherwise).][

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 9D
Court's power to override time limits.

9D.(1) If it appears to the court that it would be equitable to
allow an action to proceed having regard to the degree to which

(a)the provisions of section 9A or 9B prejudice the plaintiff or
any person whom he represents, and

(b)any decision of the court under this sub-section would prejudice
the defendant or any person whom he represents,

(2) The court shall not under this section disapply section 9B(2)
except where the reason why the person injured could no longer
maintain an action was because of the time limit in section 9A.

(3) In acting under this section the court shall have regard to
all the circumstances of the case and in particular to

(a)the length of, and the reasons for, the delay on the part of
the plaintiff;

(b)the extent to which, having regard to the delay, the evidence
adduced or likely to be adduced by the plaintiff or the defendant
is or is likely to be less cogent than if the action had been
brought within the time allowed by section 9A or as the case may
be 9B;

(c)the conduct of the defendant after the cause of action arose,
including the extent if any to which he responded to requests
reasonably made by the plaintiff for information or inspection for
the purpose of ascertaining facts which were or might be relevant
to the plaintiff's cause of action against the defendant;

(d)the duration of any disability of the plaintiff arising after the
date of the accrual of the cause of action;

(e)the extent to which the plaintiff acted promptly and reasonably
once he knew whether or not the act or omission of the defendant,
to which the injury was attributable, might be capable at that time
of giving rise to an action for damages;

(f)the steps, if any, taken by the plaintiff to obtain medical,
legal or other expert advice and the nature of any such advice he
may have received.

(4) In a case where the person injured died when, because of
section 9A, he could no longer maintain an action and recover
damages in respect of the injury, the court shall have regard in
particular to the length of, and the reasons for, the delay on the
part of the deceased.

(5) In a case under sub-section (4), or any other case where the
time limit, or one of the time limits, depends on the date of
knowledge of a person other than the plaintiff, sub-section (3)
shall have effect with appropriate modifications, and shall have
effect in particular as if references to the plaintiff included
references to any person whose date of knowledge is or was relevant
in determining a time limit.

(6) A direction by the court disapplying the provisions of section
9B(2) shall operate to disapply the provisions to the same effect
in [Article 3(1) of the Fatal Accidents (Northern Ireland) Order
1977].

(7) In this section "the court" means the court in which the
action has been brought.

(8) References in this section to sections 9A and 9B include
references to those sections as extended by any other provision of
this Act.][

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 10
Time-limit for claiming contribution.

10.(1) Where under section 1 of the Civil Liability (Contribution)
Act 1978 any person becomes entitled to a right to recover
contribution in respect of any damage from any other person, no
action to recover contribution by virtue of that right shall be
brought after the end of the period of two years from the date on
which that right accrued.

(2) For the purposes of this Act the date on which a right to
recover contribution in respect of any damage accrues to any person
(in this sub-section referred to as "the relevant date") shall be
ascertained as follows, that is to say

(a)if the person in question is held liable in respect of that
damage by a judgment given in any civil proceedings, or an award
made on any arbitration, the relevant date shall be the date on
which the judgment is given, or the date of the award, as the
case may be;

(b)if, in any case not falling within the preceding paragraph, the
person in question makes or agrees to make any payment to one or
more persons in compensation for that damage (whether he admits any
liability in respect of the damage or not), the relevant date shall
be the earliest date on which the amount to be paid by him is
agreed between him (or his representative) and the person (or each
of the persons, as the case may be) to whom the payment is to be
made;

Limitation of actions for an account.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 11

11. An action for an account shall not be brought in respect of
any matter which arose more than six years before the commencement
of the action.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 12
Limitation of actions founded on instruments under seal and of
certain other actions.

12. The following actions shall not be brought after the expiration
of twelve years from the date on which the cause of action
accrued:

(a)an action upon an instrument under seal other than an action
upon an instrument under seal to recover

(i)arrears of a rentcharge or of a conventional rent; or

(ii)any principal sum of money secured by a mortgage or other
charge; or

<(iii)arrears of interest in respect of any sum of money secured by a mortgage or other charge; or

<(iv)arrears of an annuity charged on personal property;

(b)an action to enforce an award where the arbitration agreement is
under seal;

(c)an action to recover a debt created by sub-section (2) of
section twenty or by section one hundred and fifty-four of the
Companies Act (Northern Ireland), 1932.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 13
Limitation of actions upon judgments and for arrears of interest on
judgment debts.

13.(1) An action shall not be brought upon a judgment after the
expiration of twelve years from the date on which the judgment
became enforceable.

(2) No arrears of interest in respect of any judgment debt shall
be recovered after the expiration of six years from the date on
which the interest became due.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 14
Limitation of actions for penalties or forfeitures recoverable by
virtue of enactments.

14.(1) An action to recover any penalty or forfeiture, or sum by
way of penalty or forfeiture, recoverable by virtue of any enactment
shall not be brought after the expiration of two years from the
date on which the cause of action accrued.

(2) In this section "penalty" does not include a fine to which any
person is liable on conviction of a criminal offence.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 15
Limitation in case of successive conversions and extinction of title
of owner of converted goods.

15.(1) Where any cause of action in respect of the conversion or
wrongful detention of a chattel has accrued to any person and,
before he recovers possession of the chattel, a further conversion
or wrongful detention takes place, subject to section thirty, no
action shall be brought in respect of the further conversion or
wrongful detention after the expiration of six years from the
accrual of the cause of action in respect of the original
conversion or wrongful detention.

(2) Where any such cause of action has accrued to any person and
the period prescribed for bringing that action and for bringing any
action in respect of such a further conversion or wrongful detention
as aforesaid has expired and he has not during that period
recovered possession of the chattel, subject to section thirty, the
title of that person to the chattel shall be extinguished.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 16
Savings.

16.(1) Section eight shall apply to an action to recover seamen's
wages, but save as aforesaid this Part shall not apply to any
cause of action within the Admiralty jurisdiction of the High Court
which is enforceable in rem.

(2) This Part shall not apply to any claim for specific performance
of a contract or for an injunction or for other equitable relief,
except in so far as any provision thereof may be applied by the
Court by analogy in like manner as the corresponding enactment
repealed by this Act has heretofore been applied.

(3) Nothing in sub-section (2) shall be construed as affecting the
operation of section eleven.

Limitation of actions to recover land.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 17

17.(1) Subject to [sub-sections (1A) and (2)], no action shall be
brought by the Crown to recover any land after the expiration of
thirty years from the date on which the right of action accrued to
the Crown or, if it first accrued to some person through whom the
Crown claims, to that person.

[(1A) Sub-section (1) shall apply to an action to recover any land
which comprises or forms part of an intestate's estate to which the
Crown is entitled as if the reference in that sub-section to 30
years were a reference to 12 years; and for the purposes of this
sub-section "intestate" includes a person who leaves no will and one
who leaves a will but dies intestate as to some beneficial interest
in his property.]

(2) An action to recover foreshore may be brought by the Crown at
any time before the expiration of sixty years from the date on
which the right of action accrued to the Crown, and where any
right of action to recover land, which has ceased to be foreshore
but remains in the ownership of the Crown, accrued when the land
was foreshore, the action may be brought at any time before the
expiration of sixty years from the date of the accrual of the
action, or of thirty years from the date on which the land ceased
to be foreshore, whichever period first expires.

(3) Subject to sub-section (4), no action shall be brought by any
person (other than the Crown) to recover any land after the
expiration of twelve years from the date on which the right of
action accrued to him or, if it first accrued to some person
through whom he claims, to that person.

(4) Where the right of action first accrued to the Crown and the
person bringing the action claims through the Crown, the action may
be brought at any time before the expiration of the period during
which the action could have been brought by the Crown, or of
twelve years from the date on which the right of action accrued to
some person other than the Crown, whichever period first expires.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 18
Accrual of right of action in case of present interests in land.

18.(1) Where the person bringing an action to recover land, or some
person through whom he claims, has been in possession thereof and
has while entitled thereto been dispossessed or discontinued his
possession, the right of action shall be deemed to have accrued on
the date of the dispossession or discontinuance.

(2) Where

(a)any person brings an action to recover any land of a deceased
person, whether under a will or on intestacy; and

(b)the deceased person

(i) was on the date of death in possession of the land or, in
the case of a rentcharge created by will or taking effect upon his
death, in possession of the land charged; and

(ii)was the last person entitled to the land to be in possession
thereof;

(3) Where

(a)any person brings an action to recover land, being an estate or
interest in possession assured, otherwise than by will, to him or
to some person through whom he claims, by a person who, at the
date when the assurance took effect

(i)was in possession of the land; or

(ii)was, in the case of a rentcharge created by the assurance, in
possession of the land charged; and

(b)no person has been in possession of the land by virtue of the
assurance;

Accrual of right of action in case of future interests in land.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 19

19.(1) Subject as hereinafter in this section provided, the right of
action to recover any land shall, in a case where

(a)the estate or interest claimed was an estate or interest in
reversion or remainder or any future estate or interest; and

(b)no person has taken possession of the land by virtue of the
estate or interest claimed;

(2) Subject to sub-section (3), if the person entitled to the
preceding estate or interest, not being a leasehold estate or
interest, was not in possession of the land on the date of the
determination thereof, no action shall be brought by the person
entitled to the succeeding estate or interest after the expiration
of twelve years from the date on which the right of action accrued
to the person entitled to the preceding estate or interest, or of
six 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) Where the Crown is entitled to the succeeding estate or
interest, sub-section (2) shall have effect with the substitution for
the reference to twelve years of a reference to thirty years, and
for the reference to six years of a reference to twelve years.

(4) The foregoing provisions of this section shall not apply to any
estate or interest which falls into possession on the determination
of an entailed interest and which might have been barred by the
person entitled to the entailed interest.

(5) No person shall bring an action to recover any estate or
interest in land under an assurance taking effect after the right
of action had accrued to the person by whom the assurance was made
or some person through whom he claimed or some person entitled to
a preceding estate or interest, unless the person by whom the
assurance was made could have brought such an action.

(6) Where

(a)any person is entitled to any estate or interest in land in
possession; and

(b)such person is, while so entitled, also entitled to any future
estate or interest in that land; and

(c)his right to recover the estate or interest in possession is
barred under this Act;

Accrual of right of action in case of forfeiture or breach of
condition.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 20

20.(1) A right to recover land by virtue of a forfeiture or breach
of condition shall be deemed to have accrued on the date on which
the forfeiture was incurred or the condition broken.

(2) Where

(a)a right of action to recover land by virtue of a forfeiture or
breach of condition has accrued to a person entitled to an estate
or interest in reversion or remainder; and

(b)the land was not recovered by virtue thereof;

Accrual of right of action in case of certain tenancies.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 21

21.(1) A tenancy at will shall, for the purposes of this Act, be
deemed to be determined at the expiration of one year from the
commencement thereof, unless it has been previously determined, and
accordingly the right of action of a person entitled to land
subject to tenancy at will shall be deemed to have accrued on the
date on which the tenancy is determined.

(2) No mortgagor or beneficiary shall, for the purposes of
sub-section (1), be deemed to be a tenant at will to his mortgagee
or trustee.

(3) Subject to sub-section (4), a tenancy from year to year or
other period, without a lease in writing, shall, for the purposes
of this Act, be deemed to be determined at the expiration of the
first year or other period, and accordingly the right of action of
the person entitled to the land subject to the tenancy shall be
deemed to have accrued on the date on which the tenancy is
determined.

(4) Where any rent or other periodic payment has subsequently been
received in respect of the tenancy, the right of action shall be
deemed to have accrued on the date of the last receipt of rent or
other periodic payment.

(5) Where

(a)any person is in possession of land by virtue of a lease in
writing by which a yearly conventional rent of not less than [#1]
is reserved; and

(b)the rent is received by some person (in this section referred to
as "the wrongful recipient") wrongfully claiming to be entitled to
the land in reversion immediately expectant on the determination of
the lease; and

(c)no rent is subsequently received by the person rightfully so
entitled;

(6) Sub-section (1) shall not apply to a tenancy at will granted
by the Crown, and sub-section (5) shall not apply to a lease
granted by the Crown or a lease the lessor's interest under which
is vested in the Crown.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 22
Right of action not to accrue unless there is adverse possession.

22.(1) No right of action to recover land shall be deemed to
accrue unless the land is in the possession (in this section
referred to as "adverse possession") of some person in whose favour
the period of limitation can run.

(2) Where

(a)under the foregoing provisions of this Act a right of action to
recover land is deemed to accrue on a certain date; and

(b)no person is in adverse possession of the land on that date;

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

(4) For the purposes of this section

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

(b)receipt of the conventional rent under a lease by a person
wrongfully claiming to be entitled to the land in reversion
immediately expectant on the determination of the lease shall be
deemed to be adverse possession of the land.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 23
Cure of defective disentailing assurance.

23. Where

(a)a person entitled in remainder under a settlement to an estate
tail in any land has made an assurance thereof which fails to bar
the issue in tail or the estates taking effect on the determination
of the estate tail or fails to bar the said estates only; and

(b)any person (other than some person entitled to possession by
virtue of the settlement) is in possession of the land for a
period of twelve years from the commencement of the time at which
the assurance, if it had then been executed by the person entitled
to the estate tail, would have operated, without the consent of any
other person, to bar the issue in tail and the said estates;

No right of action to be preserved by formal entry or continual
claim.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 24

24. For the purposes of this Act

(a)no person shall be deemed to have been in possession of any
land by reason only of having made a formal entry thereon;

(b)no continual or other claim upon or near any land shall preserve
any right of action to recover the land.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 25
Possession of one co-parcener, etc., not to be possession of others.

25. Where any one or more of several persons entitled to any land
as co-parceners, joint tenants or tenants in common have been in
possession of the entirety or more than his or their undivided
share or shares of such land for his or their own benefit or for
the benefit of any person or persons other than the person or
persons entitled to the other share or shares of such land, then,
for the purposes of this Act, such possession shall not be deemed
to have been the possession of such last mentioned person or
persons or any of them.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 26
Possession of younger brother, etc., not to be possession of heir.

26. Where a younger brother or other relation of the person
entitled as heir to any land enters into possession thereof, then,
for the purposes of this Act, such possession shall not be deemed
to be the possession of the person entitled as heir.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 27
Administration to date back to death.

27. For the purposes of the provisions of this Act relating to
actions for the recovery of land, an administrator of the estate of
a deceased person shall be deemed to claim as if there had been
no interval of time between the date of the death of the deceased
person and the grant of letters of administration.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 28
Extinction of title to land after expiration of period limited for
actions to recover land.

28. Subject to section twenty-nine of this Act and to section
fifty-two of the Act of 1891, at the expiration of the period
fixed by this Act for any person to bring an action to recover
land, the title of that person to the land shall be extinguished.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 29
Equitable estates in land and land held on trust.

29.(1) Subject to section forty-five, the provisions of this Act
shall apply to equitable estates in land, including interests in the
proceeds of the sale of land held upon trust for sale, in like
manner as they apply to legal estates in land, and accordingly a
right of action to recover the land shall, for the purposes of
this Act but not otherwise, be deemed to accrue to a person
entitled in possession to an equitable estate in land in the like
manner and like circumstances and on the same date as it would
accrue if his estate were a legal estate in the land.

(2) Where any land is held upon trust, including a trust for sale,
and the period fixed by this Act has expired for the bringing of
an action to recover the land by the trustees, the estate of the
trustees shall not be extinguished if and so long as the right of
action to recover the land of any person entitled to a beneficial
interest in the land or in the proceeds of sale either has not
accrued or has not been barred by this Act, but, if and when
every such right of action has been so barred, the estate of the
trustees shall be extinguished.

(3) Where any land is held upon trust, including a trust for sale,
an action to recover the land may be brought by the trustees on
behalf of any person entitled to a beneficial interest in possession
in the land or in the proceeds of sale whose right of action has
not been barred by this Act, notwithstanding that the right of
action of the trustees would apart from this provision have been
barred by this Act.

(4) Where any settled land, within the meaning of the Settled Land
Acts, 1882 to 1890, or any land held on trust for sale is in the
possession of a person entitled to a beneficial interest in the
land or in the proceeds of sale, not being a person solely and
absolutely entitled thereto, no right of action to recover the land
shall be deemed for the purposes of this Act to accrue during such
possession to any person in whom the land is vested as trustee or
to any other person entitled to a beneficial interest in the land
or the proceeds of sale.

Actions to recover settled chattels.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 30

30.(1) Where any chattels are held upon trust, including a trust
for sale, and the period fixed by this Act has expired for the
bringing of an action to recover the chattels by the trustees, the
title of the trustees shall not be extinguished if and so long as
the right of action of any person beneficially entitled to the
chattels either has not accrued or has not been barred by this
Act, but, if and when such right of action has been so barred,
the title of the trustees shall be extinguished.

(2) Where any chattels are held upon trust, including a trust for
sale, an action to recover the chattels may be brought by the
trustees on behalf of any person beneficially entitled in possession
to the chattels or in the proceeds of sale whose right of action
has not been barred by this Act, notwithstanding that the right of
action of the trustees would apart from this provision have been
barred by this Act.

(3) Where any chattels held upon trust, including a trust for sale,
are in the possession of a person entitled to a beneficial interest
in the chattels or in the proceeds of sale, not being a person
solely and absolutely entitled thereto, no right of action to
recover the chattels shall be deemed for the purposes of this Act
to accrue during such possession to any person in whom the chattels
are vested as trustee or to any other person entitled to a
beneficial interest in the chattels or the proceeds of sale.

Limitation of actions to recover arrears of a rentcharge.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 31

31. No action shall be brought or distress made to recover arrears
of a rentcharge or damages in respect thereof after the expiration
of six years from the date on which the arrears became due.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 32
Limitation of actions to recover arrears of a conventional rent.

32. No action shall be brought or distress made to recover arrears
of a conventional rent or damages in respect thereof after the
expiration of six years from the date on which the arrears became
due.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 33
Limitation of actions to recover arrears of annuity charged on
personal property.

33. No action shall be brought to recover arrears of an annuity
charged on personal property or damages in respect thereof after the
expiration of six years the date on which the arrears became due.

Limitation of actions by incumbrancers claiming sale of land.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 34

34.(1) No action shall be brought by the Crown claiming the sale
of land which is subject to a mortgage or charge after the
expiration of thirty years from the date on which the right of
action accrued to the Crown or, if it first accrued to some person
through whom the Crown claims, to that person.

(2) Subject to sub-section (3), no action shall be brought by any
person (other than the Crown) claiming the sale of land which is
subject to a mortgage or charge after the expiration of twelve
years from the date on which the right of action accrued to the
person bringing it, or, if it first accrued to some person through
whom he claims, to that person.

(3) Where the right of action first accrued to the Crown and the
person bringing the action claims through the Crown, the action may
be brought at any time before the expiration of the period during
which the action could have been brought by the Crown, or of
twelve years from the date on which the right of action accrued to
some person other than the Crown, whichever period first expires.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 35
Extinction of title of mortgagee to mortgaged land after expiration
of period for action claiming land.

35. At the expiration of the period fixed by this Act for a
mortgagee to bring an action claiming sale of the mortgaged land,
the title of the mortgagee to the land shall be extinguished.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 36
Limitation of actions to redeem land.

36.(1) Where a mortgagee of land has been in possession of any of
the mortgaged land for a period of twelve years, no action to
redeem the land of which the mortgagee has been so in possession
shall thereafter be brought by the mortgagor or any person claiming
through him; so however that this sub-section shall not apply in
respect of a Welsh mortgage.

(2) Where a mortgagee of land under a Welsh mortgage which provides
that the rents and profits are to be applied in reduction of the
principal moneys and interest has been in possession of the land
for a period of twelve years commencing on the date on which all
the principal moneys and interest have to the knowledge of the
mortgagor been satisfied, no action to redeem the land shall
thereafter be brought by the mortgagor or any person claiming
through him.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 37
Extinction of title of mortgagor to mortgaged land after expiration
of period for action to redeem land.

37. Subject to section fifty-two of the Act of 1891, at the
expiration of the period fixed by this Act for a mortgagor to
bring an action to redeem land subject to a mortgage, the title of
the mortgagor to the land shall be extinguished.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 38
Limitation of actions to recover principal money secured by a charge
on land or personal property.

38.(1) No action shall be brought to recover any principal sum of
money secured by a mortgage or charge on land or personal property
(other than a ship) after the expiration of twelve years from the
date when the right to receive the money accrued.

(2) In its application to a mortgage which was apportioned to the
Government of Northern Ireland by section thirty-one of the
Government of Ireland Act, 1920 (which relates to the Church
Temporalities Fund), sub-section (1) shall have effect as if for the
words "twelve years" there were substituted the words "thirty years".

(3) The right to receive any principal sum of money secured by a
mortgage or other charge shall, for the purposes of this section,
be deemed not to accrue so long as the property subject to the
mortgage or charge comprises any future interest or any life
insurance policy which has not matured or been determined.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 39
Limitation of actions to recover arrears of interest on a mortgage
or charge.

39.(1) No action shall be brought to recover arrears of interest
payable in respect of any principal sum of money secured by a
mortgage or charge on land or personal property (other than a ship)
or to recover damages in respect of such arrears after the
expiration of six years from the date on which the interest became
due.

(2) Where

(a)a prior mortgagee or other incumbrancer has been in possession of
the property charged; and

(b)an action is brought within one year of a discontinuance of such
possession by a subsequent incumbrancer;

(3) Where

(a)the property subject to a mortgage or charge comprises any future
interest or life insurance policy; and

(b)it is a term of the mortgage or charge that arrears of interest
shall be treated as part of the principal sum secured by the
mortgage or charge;

Extinction of right of mortgagee or chargeant to mortgage debt at
expiration of period for action to recover land or claiming sale of
land.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 40

40. At the expiration of the period fixed by this Act for a
mortgagee of land to bring an action to recover the land or for a
person claiming as mortgagee or chargeant to bring an action
claiming sale of the land, the right of the mortgagee or such
person to the principal sum and interest secured by the mortgage or
charge shall be extinguished.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 41
Extinction of right of mortgagee or chargeant to principal sum
secured by mortgage or charge on personal property after expiration
of period for action to recover principal sum.

41. At the expiration of the period fixed by this Act for a
mortgagee or chargeant to bring an action to recover a principal
sum of money secured by a mortgage or charge on personal property
(other than a ship), the right of the mortgagee or chargeant to
the principal sum and interest shall be extinguished.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 42
Limitation of actions in respect of certain personal rights in or
over land.

42. An action in respect of a right in the nature of a lien for
money's worth in or over land for a limited period not exceeding
life, such as a right of support or a right of residence, not
being an exclusive right of residence in or on a specified part of
the land, shall not be brought after the expiration of twelve years
from the date on which the right of action accrued.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 43
Extinction of personal right in or over land after expiration of
period for action in respect of such right.

43. At the expiration of the period fixed by this Act for any
person to bring an action in respect of a right in the nature of
a lien for money's worth in or over land for a limited period not
exceeding life, such as a right of support or a right of
residence, not being an exclusive right of residence in or on a
specified part of the land, the said right shall be extinguished.

Limitation of actions against trustees.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 44

44.(1) Subject to section forty-five, an action to recover money or
other property or in respect of any breach of trust, not being an
action for which a period of limitation is fixed by any other
provision of this Act, shall not be brought against a trustee or
any person claiming through him after the expiration of six years
from the date on which the right of action accrued.

(2) For the purposes of sub-section (1), a right of action shall
be deemed not to have accrued to a beneficiary entitled to a
future interest in trust property until the interest falls into
possession.

(3) No beneficiary, as against whom there would be a good defence
by virtue of this section, shall derive any greater or other
benefit from a judgment or order obtained by another beneficiary
than he could have obtained if he brought the action and this Act
had been pleaded in defence.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 45
Exclusion of actions against trustees in cases of fraud or retention
of trust property.

45. No period of limitation fixed by this Act shall apply to an
action against a trustee or any person claiming through him where

(a)the claim is founded on any fraud or fraudulent breach of trust
to which the trustee was party or privy; or

(b)the claim is to recover trust property or the proceeds thereof
still retained by the trustee or previously received by the trustee
and converted to his own use.

Limitation of actions to recover personal estate of deceased persons.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 46

46.(1) Subject to section forty-seven, no action in respect of any
claim to the personal estate of a deceased person or to any share
or interest in such estate, whether under a will or on intestacy,
shall be brought after the expiration of twelve years from the date
when the right to receive the share or interest accrued.

(2) Subject to section forty-seven, no action to recover arrears of
interest in respect of any legacy or damages in respect of such
arrears shall be brought after the expiration of six years from the
date on which the interest became due.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 47
Actions against personal representatives.

47.(1) In an action against a personal representative or any person
claiming through him, other than an action to which sub-section (2)
applies, all rights and privileges conferred by this Act shall be
enjoyed in the like manner and to the like extent as they would
have been enjoyed in such action if the personal representative had
not been made a trustee by virtue of any provision of the
Administration of Estates Act (Northern Ireland), 1955.

(2) No period of limitation fixed by this Act shall apply to an
action against a personal representative or any person claiming
through him where the claim is founded on any fraud to which the
personal representative was party or privy.

Interpretation (Part IV).

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 48

48. In this Part

(a)"debt" includes any liquidated pecuniary claim;

(i)in relation to a mortgageehis personal representatives and any
other person on whom the rights under the mortgage devolve, whether
on death or bankruptcy or the disposition of the property or the
determination of a limited estate or interest in settled property or
otherwise;

(ii)in relation to a person liable in respect of a debthis personal
representatives and any other person on whom the liability in
respect of the debt devolves, whether on death or bankruptcy or the
disposition of the property or the determination of a limited estate
or interest in settled property or otherwise;

(b)references to a right of action shall include references to

(i)a cause of action;

(ii)a right to receive money secured by a mortgage or charge on
any property or to receive proceeds of the sale of land;

<(iii)a right to receive a share or interest in the personal estate of a deceased person;

(c)references to the date of the accrual of a right of action
shall

(i)in the case of an action for an accountbe construed as
references to the date on which the matter arose in respect of
which an account is claimed;

(ii)in the case of an action upon a judgmentbe construed as
references to the date on which the judgment became enforceable;

<(iii)in the case of an action upon a judgment mortgagebe construed as references to the date on which the judgment became enforceable and not to the date on which it was registered as a mortgage;

<(iv)in the case of an action to recover arrears of a rentcharge, a conventional rent, or interest or damages in respect thereofbe construed as references to the date on which the arrears became due;

(d)references to a person in possession of land shall

(i)in the case of a rentcharge, be construed as including references
to a person who is in possession of the land charged, but does
not pay the rentcharge; and

(ii)in the case of land (including a rentcharge) held under a lease
in writing reserving a yearly conventional rent of not less than
[#1], be construed as including references to a person who,
wrongfully claiming to be entitled to the land in reversion
immediately expectant on the determination of the lease, is in
receipt of the conventional rent;

(e)references to a debt shall

(i)in the case of a rentcharge or of a conventional rent, be
construed as references to a gale of the rentcharge or of the
conventional rent;

(ii)in the case of interest, be construed as references to an
instalment of the interest;

(f)references to a mortgagee who is by virtue of the mortgage in
possession of any mortgaged land shall include references to a
mortgagee who has obtained possession of the mortgaged land by
virtue of an order of a Court.

Person under a disability.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 49

49.(1) For the purposes of this Act, a person shall be under a
disability while

(a)he is an infant; or

(b)he is of unsound mind.

[(2) For the purposes of sub-section (1) but without prejudice to
the generality thereof, a person shall be conclusively presumed to
be of unsound mind

(a)while he is liable to be detained or subject to guardianship
under the Mental Health Act (Northern Ireland), 1961; and

(b)while he is receiving treatment as an in-patient in any hospital
or private hospital within the meaning of that Act without being
liable to be detained thereunder, being treatment which follows
without any interval a period during which he was liable to be
detained or subject to guardianship under that Act or by virtue of
any enactment repealed or replaced by that Act.]

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 50
Extension of limitation period in case of disability.

50.(1) If, on the date when any right of action accrued for which
a period of limitation is fixed by this Act, the person to whom
it accrued was under a disability, the action may, subject to the
subsequent provisions of this section, be brought at any time before
the expiration of six years from the date when the person ceased
to be under a disability or died, whichever event first occurred,
notwithstanding that the period of limitation has expired.

(2) Sub-section (1) shall not affect any case where the right of
action first accrued to some person (not under a disability) through
whom the person under a disability claims.

(3) Where a right of action which has accrued to a person under a
disability accrues, on the death of that person while still under a
disability, to another person under a disability, no further
extension of time shall be allowed by reason of the disability of
the second person.

(4) None of the following actions

(a)an action to recover land or money charged on land;

(b)an action by an incumbrancer claiming sale of land;

(c)an action in respect of a right in the nature of a lien for
money's worth in or over land for a limited period not exceeding
life, such as a right of support or a right of residence, not
being an exclusive right of residence in or on a specified part of
the land;

(5) This section shall not apply to an action to recover a penalty
or forfeiture, or a sum by way of penalty or forfeiture,
recoverable by virtue of any enactment, except where the action is
brought by the party grieved.

[(6) In the case of an action to which section 9A or 9B(3)
applies, sub-section (1) shall have effect as if for the words "six
years" there were substituted the words "three years".]

Subs.(7) rep. by 1976 NI 18 art.6(2) sch.2

(8) In the case of an action for damages for slander, sub-section
(1) shall have effect as if for the words "six years" there were
substituted the words "three years".

[(9) In the case of an action to recover an amount recoverable
[under section 1 of the Civil Liability (Contribution) Act 1978],
sub-section (1) shall have effect as if for the words "six years"
there were substituted the words "two years".]

(10) In the case of an action to recover a penalty or forfeiture,
or a sum by way of penalty or forfeiture, recoverable by virtue of
any enactment where the action is brought by the party grieved,
sub-section (1) shall have effect as if for the words "six years"
there were substituted the words "two years".

Fresh accrual of right of action on acknowledgment in case of
actions to recover land.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 51

51.(1) Where

(a)there has accrued to any person (other than a mortgagee) any
right of action to recover land; and

(b)the person in possession of the land acknowledges the title of
the person to whom the right of action has accrued;

(2) Sub-section (1) shall apply to a right of action accrued to a
person entitled to an estate or interest taking effect on the
determination of an estate tail against whom time is running under
section twenty-three, and on the making of the acknowledgment that
section shall cease to apply to the land.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 52
Fresh accrual of right of action on acknowledgment in case of
action by mortgagee to recover land.

52. Where

(a)the right of a mortgagee of land to bring an action to recover
the land has accrued; and

(b)either

(i)the person in possession of the land acknowledges the mortgagee's
title to the land; or

(ii)the person in possession of the land or the person liable for
the mortgage debt acknowledges the debt;

Fresh accrual of right of action on acknowledgment in case of
action by incumbrancer claiming sale of land.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 53

53. Where

(a)the right of an incumbrancer of land to bring an action claiming
sale of the land has accrued; and

(b)the person in possession of the land or the person liable for
the debt secured by the incumbrance acknowledges the debt;

Effect of acknowledgment on right of action to redeem mortgaged land
in mortgagee's possession.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 54

54. Where

(a)a mortgagee is by virtue of the mortgage in possession of any
mortgaged land; and

(b)the mortgagee acknowledges the title of the mortgagor or his
equity of redemption;

Fresh accrual of right of action on acknowledgment in case of
action in respect of personal right in or over land, such as right
of support, etc.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 55

55. Where

(a)there has accrued a right of action in respect of a right in
the nature of a lien for money's worth in or over land for a
limited period not exceeding life, such as a right of support or a
right of residence, not being an exclusive right of residence in or
on a specified part of the land; and

(b)the person in possession of the land acknowledges the right
hereinbefore secondly mentioned;

Fresh accrual or right of action on acknowledgment in case of
action to recover debt.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 56

56.(1) Where

(a)any right of action has accrued to recover any debt; and

(b)the person liable therefor acknowledges the debt;

(2) Where

(a)the right of action of a mortgagee of land to recover the
mortgage debt has accrued; and

(b)the person in possession of the land acknowledges the mortgagee's
title to the land;

Fresh accrual of right of action on acknowledgment in case of
action claiming personal estate of deceased person.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 57

57. Where

(a)any right of action has accrued to recover any claim to the
personal estate of a deceased person or to any share or interest
therein; and

(b)the person accountable therefor acknowledges the claim;

Formal provisions as to acknowledgments.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 58

58.(1) Every acknowledgment shall be in writing and signed by the
person making the acknowledgment.

(2) An acknowledgment under sections fifty-one to fifty-seven

(a)may be made by the agent of the person by whom it is required
to be made under whichever of those sections is applicable; and

(b)shall be made to the person or the agent of the person whose
title, right, equity of redemption or claim (as the case may be)
is being acknowledged.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 59
Effect of acknowledgment on persons other than the maker or
recipient.

59.(1) An acknowledgment of title to any land by any person in
possession thereof shall bind all other persons in possession during
the ensuing period of limitation.

(2) Where

(a)two or more mortgagees of land are by virtue of the mortgage in
possession of the land; and

(b)one only of the mortgagees (in this section referred to as "the
acknowledgor") gives an acknowledgment of the mortgagor's title or of
his equity of redemption;

(i)the acknowledgment shall bind only the acknowledgor and his
successors and shall not bind any other mortgagee or his successors;

(ii)if the acknowledgor is entitled to a part of the mortgaged land
and not to any ascertained part of the mortgage debt, the mortgagor
shall be entitled to redeem that part of the land on payment, with
interest, of the part of the mortgage debt which bears the same
proportion to the whole of the debt as the value of that part of
the land bears to the value of the whole of the mortgaged land.

(3) Where there are two or more mortgagors of land, and the title
or right to redemption of one of the mortgagors is acknowledged,
the acknowledgment shall be deemed to have been made to all the
mortgagors.

(4) An acknowledgment of a debt shall bind the acknowledgor and his
successors but not any other person.

(5) An acknowledgment of a statute-barred debt shall not bind any
successor of the acknowledgor on whom the liability devolves on the
determination of a preceding estate or interest in property under a
settlement taking effect before the date of the acknowledgment.

(6) An acknowledgment by one of several personal representatives of
any claim to the personal estate of a deceased person or to any
share or interest therein shall bind the estate of the deceased
person.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 60
Exemption of acknowledgment from stamp duty.

60. No acknowledgment shall be deemed to be an agreement within the
meaning of the Stamp Act, 1891.

Fresh accrual of right of action on payment in case of action by
mortgagee to recover land.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 61

61. Where

(a)the right of a mortgagee of land to bring an action to recover
the land has accrued; and

(b)the person in possession of the land or the person liable for
the mortgage debt makes any payment in respect thereof, whether of
principal or interest;

Fresh accrual of right of action on payment in case of action by
incumbrancer claiming sale of land.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 62

62. Where

(a)the right of an incumbrancer of land to bring an action claiming
sale of the land has accrued; and

(b)the person in possession of the land or the person liable for
the debt secured by the incumbrance makes any payment in respect
thereof, whether of principal or interest;

Effect of payment on right of action to redeem mortgaged land in
mortgaee's possession.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 63

63. Where

(a)a mortgagee is by virtue of the mortgage in possession of any
mortgaged land; and

(b)the mortgagee receives any payment from the mortgagor in respect
of the principal or interest of the mortgage debt;

Fresh accrual of right of action on payment in case of action to
recover debt.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 64

64.(1) Where

(a)any right of action has accrued to recover any debt; and

(b)the person liable therefor makes any payment in respect thereof;

(2) Payment of interest in whole or in part shall for the purposes
of this Part be treated as a payment in respect of the principal
debt.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 65
Fresh accrual of right of action on payment in case of action
claiming personal estate of the deceased person.

65. Where

(a)any right of action has accrued to recover any claim to the
personal estate of a deceased person or to any share or interest
therein; and

(b)the person accountable therefor makes any payment in respect
thereof;

Formal provisions as to payment.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 66

66. A payment under sections sixty-one to sixty-five

(a)may be made by the agent of the person by whom it is required
to be made under whichever of those sections is applicable;

(b)shall be made to the person or the agent of the person in
respect of whose claim the payment is being made.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 67
Effect of payment on persons other than the maker or recipient.

67.(1) A payment in respect of a mortgage debt by the mortgagor or
any person in possession of the mortgaged property shall, so far as
any right of the mortgagee to recover the property is concerned,
bind all persons in possession of the mortgaged property during the
ensuing period of limitation.

(2) Where

(a)two or more mortgagees of land are by virtue of the mortgage in
possession of the land; and

(b)one only of the mortgagees (in this sub-section referred to as
"the recipient") receives any payment in respect of the principal or
interest of the mortgaged debt;

(i)the payment shall bind only the recipient and his successors and
shall not bind any other mortgagee or his successors;

(ii)if the recipient is entitled to a part of the mortgaged land
and not to any ascertained part of the mortgage debt, the mortgagor
shall be entitled to redeem that part of the land on payment, with
interest, of the part of the mortgage debt which, immediately before
the recipient received the payment, referred to in paragraph (b),
bore the same proportion to the whole of the debt as the value of
that part of the land bears to the value of the whole of the
land, less the amount of the payment.

(3) Where there are two or more mortgagors of land, and the
mortgagee, being in possession of the land, is paid any sum in
respect of the principal or interest of the mortgage debt by one
of the mortgagors, the payment shall be deemed to have been made
by all the mortgagors.

(4) A payment made in respect of any debt shall, subject to
sub-section (5), bind all persons liable in respect thereof.

(5) A payment in respect of a statute-barred debt shall not bind

(a)any person other than the person making the payment and his
successors; or

(b)any successor on whom the liability devolves on the determination
of a preceding estate or interest in property under a settlement
taking effect before the date of payment.

(6) A payment by one of several personal representatives in respect
of any claim to the personal estate of a deceased person shall
bind the estate of the deceased person.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 68
Appropriation of payment in respect of debts.

68.(1) Where

(a)there exists a number of debts; and

(b)the person liable therefor (in this section referred to as "the
debtor") makes any payment, whether on account or generally, to the
person to whom he is liable (in this section referred to as "the
creditor"); and

(c)neither the debtor nor the creditor appropriates the sum paid to
any particular debt or debts;

(i) if some of or all the debts are not statute-barred debts, the
payment shall, for the purposes of this Part, unless the
circumstances in which it was made indicate otherwise, be deemed to
be appropriated pari passu in respect of each of the debts which
are not statute-barred debts;

(ii)if all the debts are statute-barred debts, the payment shall,
for the purposes of this Part, unless the circumstances in which it
was made indicate otherwise, be deemed to be appropriated pari passu
in respect of each of the debts.

(2) Nothing in sub-section (1) shall, where the debtor does not
appropriate, operate to prevent the creditor from appropriating a
payment made on account or generally to a particular debt or to
particular debts or to all the debts (whether statute-barred debts
or not), but such appropriation shall not by reason only of its
being made by the creditor operate to make the payment a payment
for the purposes of this Part in respect of such debt or debts,
unless the circumstances in which the payment was made by the
debtor so indicate.

(3) Where, under section sixteen of the Land Law (Ireland) Act,
1896, a tenant against whom an ejectment has been brought pays two
years' rent, the payment shall for the purposes of this Part,
unless the circumstances in which it was made indicate otherwise, be
deemed to be a payment in respect of all arrears which, at the
date of the commencement of the proceedings in the ejectment, are
not statute-barred debts.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 69
Endorsement of payment by creditor not to be evidence of payment.

69. No endorsement or memorandum of any payment written upon any
bill of exchange or promissory note by or on behalf of the party
to whom such payment is made shall be deemed to be evidence of
such payment for the purposes of this Part.

Postponement of limitation period in case of fraud.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 70

70.(1) Where, in the case of an action for which a period of
limitation is fixed by this Act, either

(a)the action is based on the fraud of the defendant or his agent
or of any person through whom he claims or his agent; or

(b)the right of action is concealed by the fraud of any such
person;

(2) Nothing in sub-section (1) shall enable an action to be brought
to recover, or enforce any charge against, or set aside any
transaction affecting, any property which has been purchased for
valuable consideration by a person who was not a party to the
fraud and did not at the time of the purchase know or have reason
to believe that any fraud had been committed.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 71
Postponement of limitation period in case of mistake.

71.(1) Where, in the case of any action for which a period of
limitation is fixed by this Act, the action is for relief from the
consequences of mistake, the period of limitation shall not begin to
run until the plaintiff has discovered the mistake or could with
reasonable diligence have discovered it.

(2) Nothing in sub-section (1) shall enable any action to be
brought to recover, or enforce any charge against, or set aside any
transaction affecting, any property which has been purchased for
valuable consideration, subsequently to the transaction in which the
mistake was made, by a person who did not know or have reason to
believe that the mistake was made.

Application of Act and other limitation provisions to arbitrations.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 72

72.(1) Notwithstanding any term in an arbitration agreement to the
effect that no cause of action shall accrue in respect of any
matter required by the agreement to be referred until an award is
made under the agreement, a cause of action shall, for the purposes
of this Act and of any [other limitation provision] (whether in
their application to arbitrations or to other proceedings), be deemed
to have accrued in respect of any such matter at the time when it
would have accrued but for that term in the agreement.

(2) For the purposes of this Act and of any [other limitation
provision], an arbitration shall be deemed to be commenced when one
party to the arbitration agreement serves on the other party or
parties a written notice requiring him or them to appoint or concur
in appointing an arbitrator or, where the arbitration agreement
provides that the reference shall be to a person named or
designated in the agreement, serves on the other party or parties a
notice requiring him or them to submit the dispute to the person
so named or designated.

(3) A notice under sub-section (2) may be served in any manner
specified in section twenty-four of the Interpretation Act (Northern
Ireland), 1954, as well as in any other manner provided for in the
arbitration agreement.

(4) Where the High Court orders that an award be set aside or
orders, after the commencement of an arbitration, that the
arbitration agreement shall cease to have effect with respect to the
dispute referred, the Court may further order that the period
between the commencement of the arbitration and the date of the
order of the Court shall be excluded in computing the time fixed
by this Act or any [other limitation provision] for the commencement
of proceedings (including arbitration) with respect to the dispute
referred.

(5) This Part shall apply to an arbitration under [a statutory
provision] as well as to an arbitration pursuant to an arbitration
agreement, and sub-sections (2) and (3) shall have effect, in
relation to an arbitration under [a statutory provision], as if, for
the references to the arbitration agreement, there were substituted
references to such of the provisions of the [statutory provision] or
of any order, scheme, rules, regulations or bye-laws made thereunder
as relate to the arbitration.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 73
Saving for other statutory provisions relating to limitation of
arbitrations.

73. This Act shall not apply to

(a)any arbitration for which a period of limitation is fixed by any
other [statutory provision]; or

(b)any arbitration to which the Crown is a party and for which, if
the Crown were a private individual, a period of limitation would
be fixed by any other [statutory provision].

Interpretation.

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 74

74.(1) In this Act

"Act of 1891" means the Local Registration of Title (Ireland) Act,
1891;

"action" includes any proceeding (other than a criminal proceeding)
in a Court established by law;

"action to recover land" includes

(a)an action claiming a declaration of title to land;

(b)proceedings by a mortgagee for the delivery of possession of land
by a mortgagor;

(c)proceedings under section nine of the Northern Ireland
(Miscellaneous Provisions) Act, 1945, by a person who is registered
under the Act of 1891 as the owner of a charge on registered land
for possession of the land;

"arbitration agreement" has the same meaning as in the Arbitration
Act (Northern Ireland), 1937;

"conventional rent" means a rent payable under a lease or other
contract of tenancy (whether in writing or not and whether express
or implied) and includes the rent payable by a tenant within the
meaning of the [Rent (Northern Ireland) Order 1978], but does not
include a fee farm rent payable under a grant which creates the
relationship of landlord and tenant;

"foreshore" means the bed and shore, below the line of high water
of ordinary or medium tides, of the sea and of every tidal river
and tidal estuary and of every channel, creek and bay of the sea
or any such river or estuary;

"judgment mortgage" means an affidavit of ownership registered under
the Judgment Mortgage (Ireland) Act, 1850;

"land" includes corporeal hereditaments and rentcharges, and an
interest in the proceeds of the sale of land held upon trust for
sale, but save as aforesaid does not include any incorporeal
hereditament;

"mortgage" includes an equitable mortgage and a judgment mortgage and
"mortgagor", "mortgagee" and cognate words shall be construed
accordingly;

["other limitation provision" means any statutory provision (other
than this Act) in force after the commencement of this Act with
respect to the limitation of actions;]

"personal estate" does not include chattels real;

"personal injuries" includes any disease and any impairment of a
person's physical or mental condition [, and "injury" and cognate
expressions shall be construed accordingly];

"personal property" does not include chattels real;

"personal representative" means the executor, original or by
representation, or the administrator of a deceased person;

"rentcharge" means any annuity or periodic sum of money charged upon
or payable out of land, and includes

(a)any annual or periodic sum payable to the Ministry of Finance

(i)under any provision of the Land Purchase Acts;

(ii)in respect of any annuity in repayment of an instalment mortgage
payable into a fund which was apportioned to the Government of
Northern Ireland by section thirty-one of the Government of Ireland
Act, 1920 (which relates to the Church Temporalities Fund); and

(b)any periodic sum payable to the Crown Estate Commissioners under
the Crown Lands Acts, 1829 to 1936, and the Crown Estate Act,
1956, or any Act amending those Acts, being

(i)a Crown rent; or

(ii)a quit rent; or

<(iii)a composition rent; or

<(iv) any other rentcharge; and

(c)a fee farm rent, whether the grant under which it arises does
or does not create the relationship of landlord and tenant;

(d)a conventional rent; or

(e)interest on a mortgage or charge on land;

"ship" includes every description of vessel used in navigation not
propelled by oars;

["statutory provision" has the same meaning as in section 1 (f) of
the Interpretation Act (Northern Ireland) 1954;]

(2) In this Act, "trustee" does not include

(a)a person whose fiduciary relationship arises merely by construction
or implication of law and whose fiduciary relationship is not deemed
by any rule of law to be that of an express trustee; or

(b)a personal representative in the capacity of personal
representative.

(3) Where

(a)an interest (in this sub-section referred to as a "new interest")
in land, which is conveyed to or vested in a purchaser under the
Land Purchase Acts is, under any provision of those Acts or
otherwise, a graft or deemed to be a graft on any previous
interest in that land or any other land; and

(b)the new interest is subject to any rights or equities arising
from its being such a graft;

(4) [Where the title of any person to any registered land is
deemed, by virtue of paragraph 2 of Part I of Schedule 13 to the
Land Registration Act (Northern Ireland) 1970, to be a possessory
title,] then, neither that person nor any person claiming through
him shall, by reason only of the registration, be, in respect of
that land, a trustee for the purposes of this Act.

Subs.(5) rep. by 1978 c.47 s.9(2) sch.2

(6) In the application of this Act to registered land in respect
of which a charge for the payment of a principal sum has been
created under section forty of the Act of 1891

(a)references to a mortgagor shall be construed as references to the
registered owner who charged the land;

(b)references to a mortgagee shall be construed as references to the
registered owner of the charge;

(c)references to a mortgage shall be construed as references to the
instrument of charge;

(7) For the purposes of this Act

(a)a person shall be deemed to claim through another person, if he
became entitled by, through, under or by the act of that other
person to the right claimed;

(b)a person whose estate or interest might have been barred by a
person entitled to an entailed interest in possession shall be
deemed to claim through the person so entitled;

(c)a person becoming entitled to any estate or interest by virtue
of a special power of appointment shall not, for the purposes of
this Act, be deemed to claim through the appointer.

(8) In this Act

(a)references to a right of action to recover land shall include
references to a right to enter into possession of the land or, in
the case of a rentcharge, to distrain for arrears of the
rentcharge;

(b)references to the bringing of an action to recover land shall
include references to the making of an entry into possession of the
land or, in the case of a rentcharge, to making a distress for
arrears of the rentcharge.

(9) In this Act

(a)references to the possession of land shall, in the case of a
rentcharge, be construed as references to the receipt of the
rentcharge; and

(b)references to the date of dispossession or discontinuance of
possession of land shall, in the case of a rentcharge, be construed
as references to the date of the last receipt of the rentcharge.

S.75 rep. by SLR 1973

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 76
Short title.

76.(1) This Act may be cited as the Statute of Limitations
(Northern Ireland), 1958.

Subs.(2) rep. by SLR 1973

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