Limitation Act 1935 (WA)

Western Australia

Western Australia

Limitation Act 1935

An Act to consolidate and amend the law relating to the limitation of time for commencing actions and suits.

This Act may be cited as the Limitation Act 1935 and shall come into force on a day to be fixed by proclamation 1.

[2. Omitted under the Reprints Act 1984 s. 7(4)(e).]

In this Act unless inconsistent with the context or subject matter — 

Action means a civil proceeding commenced, in the Supreme Court by writ or in such other manner as may be prescribed by Rules of Court, or in any inferior court in the manner prescribed by or under the Act conferring jurisdiction on such court.

Land includes messuages and all corporeal hereditaments whatsoever, and any share, estate, or interest in them or any of them, whether the same is a freehold or chattel interest, and whether freehold or held according to any other tenure.

Person includes a body corporate, and a class of persons as well as an individual.

The person through whom another person is said to claim, means any person by, through, or under, or by the act of whom, the person so claiming became entitled in any capacity to the estate or interest claimed.

Rent includes all annuities and periodical sums of money charged upon or payable out of any land.

[Section 3 amended: No. 59 of 2004 s. 141.]

No person shall make an entry or distress, or bring an action to recover any land or rent, but within 12 years next after the time at which the right to make such entry or distress, or to bring such action, shall have first accrued to some person through whom he claims; or if such right shall not have accrued to any person through whom he claims, then within 12 years next after the time at which the right to make such entry or distress, or to bring such action, shall have first accrued to the person making or bringing the same.

In the construction of this Act, the right to make an entry or distress, or bring an action to recover land or rent, shall be deemed to have first accrued at such time as hereinafter is mentioned, that is to say: —

• (a)

  When the person claiming such land or rent, or some person through whom he claims, has, in respect of the estate or interest claimed, been in possession or in receipt of the profits of such land, or in receipt of such rent, and while entitled thereto has been dispossessed, or has discontinued such possession or receipt, then such right shall be deemed to have first accrued at the time of such dispossession or discontinuance of…