Acts and Regulations

R-1.5 - Real Property Limitations Act

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Full text
Repealed on 10 June 2011
CHAPTER R-1.5
Real Property Limitations Act
2009, c.L-8.5, s.34
Repealed: 2011, c.17, s.7
Definitions
1In this Act
“action” means any civil proceeding, including any civil proceeding by or against the Crown;(action)
“assurance” means any transfer, deed or instrument, other than a will, by which land may be conveyed or transferred;(transfert)
“beyond seas” Repealed: 2009, c.L-8.5, s.34
“disability” means disability arising from infancy or unsoundness of mind;(incapacité)
“heirs” includes the persons entitled beneficially to the real estate of a deceased intestate;(héritiers)
“land” includes all corporeal hereditaments, and any share or any freehold or leasehold estate or any interest in any of them;(bien-fonds)
“mortgage” , “mortgagor” and “mortgagee” Repealed: 2009, c.L-8.5, s.34
“person” includes a class of creditors or other persons, as well as an individual;(personne)
“person through whom he claims” means a person by, through or under or by the act of whom the person so claiming became entitled to the estate or interest claimed as heir, successor, special or general occupant, executor, legatee, assignee, appointee, devisee, or otherwise;(personne du chef de laquelle elle fait demande)
“proceedings” includes action, entry and taking of possession.(procédures)
“rent” Repealed: 2009, c.L-8.5, s.34
“rent charge” Repealed: 2009, c.L-8.5, s.34
R.S., c.133, s.1; 2009, c.L-8.5, s.34
I
LIMITATION PERIODS
Repealed: 2009, c.L-8.5, s.34
2009, c.L-8.5, s.34
Repealed
2Repealed: 2009, c.L-8.5, s.34
R.S., c.133, s.2; 1987, c.6, s.55; 1993, c.36, s.9; 2009, c.L-8.5, s.34
Repealed
2.1Repealed: 2009, c.L-8.5, s.34
1993, c.36, s.9; 2009, c.L-8.5, s.34
Repealed
3Repealed: 2009, c.L-8.5, s.34
R.S., c.133, s.3; 2009, c.L-8.5, s.34
Repealed
4Repealed: 2009, c.L-8.5, s.34
R.S., c.133, s.4; 2009, c.L-8.5, s.34
Repealed
5Repealed: 2009, c.L-8.5, s.34
R.S., c.133, s.5; 1954, c.56, s.1; 2009, c.L-8.5, s.34
Repealed
6Repealed: 2009, c.L-8.5, s.34
R.S., c.133, s.6; 2009, c.L-8.5, s.34
Repealed
7Repealed: 2009, c.L-8.5, s.34
R.S., c.133, s.7; 2009, c.L-8.5, s.34
Repealed
8Repealed: 2009, c.L-8.5, s.34
R.S., c.133, s.8; 2009, c.L-8.5, s.34
Repealed
9Repealed: 2009, c.L-8.5, s.34
R.S., c.133, s.9; 2009, c.L-8.5, s.34
Repealed
10Repealed: 2009, c.L-8.5, s.34
R.S., c.133, s.10; 2009, c.L-8.5, s.34
Repealed
11Repealed: 2009, c.L-8.5, s.34
R.S., c.133, s.11; 2009, c.L-8.5, s.34
Repealed
12Repealed: 2009, c.L-8.5, s.34
R.S., c.133, s.12; 2009, c.L-8.5, s.34
Repealed
13Repealed: 2009, c.L-8.5, s.34
R.S., c.133, s.13; 2009, c.L-8.5, s.34
Repealed
14Repealed: 2009, c.L-8.5, s.34
R.S., c.133, s.14; 2009, c.L-8.5, s.34
Repealed
15Repealed: 2009, c.L-8.5, s.34
R.S., c.133, s.15; 2009, c.L-8.5, s.34
Repealed
16Repealed: 2009, c.L-8.5, s.34
R.S., c.133, s.16; 2009, c.L-8.5, s.34
Repealed
17Repealed: 2009, c.L-8.5, s.34
R.S., c.133, s.17; 2009, c.L-8.5, s.34
Repealed
18Repealed: 2009, c.L-8.5, s.34
R.S., c.133, s.18; 1986, c.4, s.31; 2009, c.L-8.5, s.34
Repealed
19Repealed: 2009, c.L-8.5, s.34
R.S., c.133, s.19; 2009, c.L-8.5, s.34
Repealed
20Repealed: 2009, c.L-8.5, s.34
R.S., c.133, s.20; 2009, c.L-8.5, s.34
Repealed
21Repealed: 2009, c.L-8.5, s.34
R.S., c.133, s.21; 2009, c.L-8.5, s.34
Repealed
22Repealed: 2009, c.L-8.5, s.34
R.S., c.133, s.22; 2009, c.L-8.5, s.34
Repealed
23Repealed: 2009, c.L-8.5, s.34
R.S., c.133, s.23; 2009, c.L-8.5, s.34
Repealed
24Repealed: 2009, c.L-8.5, s.34
R.S., c.133, s.24; 2009, c.L-8.5, s.34
II
CHARGES ON LAND, ETC.
Repealed: 2009, c.L-8.5, s.34
2009, c.L-8.5, s.34
Repealed
25Repealed: 2009, c.L-8.5, s.34
R.S., c.133, s.25; 2009, c.L-8.5, s.34
Repealed
26Repealed: 2009, c.L-8.5, s.34
R.S., c.133, s.26; 1991, c.27, s.21; 2009, c.L-8.5, s.34
Repealed
27Repealed: 2009, c.L-8.5, s.34
R.S., c.133, s.27; 2009, c.L-8.5, s.34
Repealed
28Repealed: 2009, c.L-8.5, s.34
R.S., c.133, s.28; 2009, c.L-8.5, s.34
III
LAND
RIGHT TO TAKE PROCEEDINGS
General principle of proceedings
29No person shall take proceedings to recover any land but within twenty years next after the time at which the right to do so first accrued to some person through whom he claims, hereinafter called “predecessor”; or if such right did not accrue to any person through whom he claims, then within twenty years next after the time at which the right first accrued to the person taking the proceedings, hereinafter called “claimant.”
R.S., c.133, s.29
Adverse possession against the Crown
30No claim for lands or rent shall be made or action brought by the Crown after a continuous adverse possession of sixty years.
R.S., c.133, s.30
Effect of dispossession
31Where the claimant or a predecessor has in respect of the estate or interest claimed been in possession of the land or in receipt of the profits thereof, and has while entitled thereto been dispossessed or has discontinued such possession or receipt, the right to take proceedings to recover the land shall be deemed to have first accrued at the time of such dispossession or discontinuance of possession or at the last time at which any such profits were so received.
R.S., c.133, s.31
Possession benefits by person jointly entitled
32Where any one or more of several persons entitled to any land as co-parceners, joint tenants, or tenants in common, has or have been in possession or receipt of the entirety, or more than his or their undivided share or shares of such land or of the profits thereof, 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 the same land, such possession or receipt shall not be deemed to have been the possession or receipt of or by such last mentioned person or persons, or any of them.
R.S., c.133, s.32
Succession on death
33(1)Where the claimant claims the estate or interest of a deceased predecessor who was in possession of the land or in receipt of the profits thereof in respect of the same estate or interest at the time of his death, and was the last person entitled to such estate or interest who was in such possession or receipt, the right to take proceedings to recover the land shall be deemed to have first accrued at the time of the death of the predecessor.
33(2)Repealed: 2009, c.L-8.5, s.34
R.S., c.133, s.33; 2009, c.L-8.5, s.34
Alienation
34Where the claimant claims in respect of an estate or interest in possession, granted, appointed or otherwise assured by an instrument other than a will, to him or a predecessor by a person being, in respect of the same estate or interest, in the possession or in receipt of the profits thereof, and no person entitled under such instrument has been in such possession or receipt, the right to take proceedings to recover the land shall be deemed to have first accrued at the time at which the claimant or his predecessor became entitled to such possession or receipt by virtue of such instrument.
R.S., c.133, s.34
Forfeiture
35When the claimant or the predecessor becomes entitled by reason of forfeiture or breach of condition, then the right to take proceedings to recover the land shall be deemed to have first accrued whenever the forfeiture was incurred, or the condition was broken.
R.S., c.133, s.35
FUTURE ESTATES
Owner of particular estate in possession
36Where the estate or interest claimed is an estate or interest in reversion or remainder, or other future estate or interest, including therein an executory devise, and no person has obtained the possession of the land or is in receipt of the profits thereof in respect of such estate or interest, the right to recover the land shall be deemed to have first accrued at the time at which the estate or interest became an estate or interest in possession by the determination of any estate or estates in respect of which the land has been held or the profits thereof have been received, notwithstanding the claimant or the predecessor has at any time previous to the creation of the estate that has determined been in possession of the land or in receipt of the profits thereof.
R.S., c.133, s.36
Owner of particular estate out of possession
37If the person last entitled to any particular estate, on which any future estate or interest was expectant, was not in possession of the land or in receipt of the profits thereof at the time when his interest determined, no proceedings to recover the land shall be taken by a person becoming entitled in possession to a future estate or interest but within twenty years next after the time when the right to take proceedings first accrued to the person whose interest has so determined, or within six years next after the time when the estate of the person becoming entitled in possession has become vested in possession, whichever of these two periods is the longer.
R.S., c.133, s.37
Settlement while statute is running
38If the right to take proceedings to recover the land has been barred, no proceedings shall be taken by any person afterwards claiming to be entitled to the same land in respect of any subsequent estate or interest under any will or assurance executed or taking effect after the time when a right to take proceedings first accrued to the owner of the particular estate whose interest has so determined.
R.S., c.133, s.38
Successive estates in same person
39When the right of a person to take proceedings to recover any land, to which he may have been entitled for an estate or interest in possession, has been barred by the determination of the period hereinbefore limited applicable in such case, and the person has at any time during the same period been entitled to any other estate, interest, right or possibility in reversion, remainder, or otherwise, in or to the same land, no entry or action shall be made or brought by such person, or any claimant through him to recover such land in respect of such other estate, interest, right or possibility, unless in the meantime such land has been recovered by some person entitled to an estate, interest, or right, which has been limited or taken effect after or in defeasance of such estate or interest in possession.
R.S., c.133, s.39
Forfeiture
40When the right to take proceedings to recover any land first accrued to a claimant or a predecessor by reason of any forfeiture or breach of condition in respect of an estate or interest in reversion or remainder, and the land has not been recovered by virtue of such right, the right to take proceedings shall be deemed to have first accrued at the time when the estate or interest became an estate or interest in possession.
R.S., c.133, s.40
LANDLORD AND TENANT
Wrongful receipt of rent
41Where a person is in possession of any land or in receipt of the profits thereof by virtue of a lease in writing by which a rent amounting to the yearly sum or value of four dollars or upwards is reserved, and the rent reserved by such lease has been received by some person wrongfully claiming to be entitled to the land in reversion immediately expectant on the determination of the lease, and no payment in respect of the rent reserved by the lease has afterwards been made to the person rightfully entitled thereto, the right of the claimant or his predecessor to take proceedings to recover the land after the determination of the lease, shall be deemed to have first accrued at the time at which the rent reserved by the lease was first so received by the person wrongfully claiming as aforesaid, and no such right shall be deemed to have first accrued upon the determination of the lease to the person rightfully entitled.
R.S., c.133, s.41
Tenancy from year to year
42Where a person is in possession of any land or in receipt of the profits thereof as tenant from year to year, or other period, without any lease in writing, the right of the claimant or his predecessor to take proceedings to recover the land shall be deemed to have first accrued at the determination of the first of such years, or other periods, or at the last time prior to his right to take proceedings being barred under any other provision of this Act when any rent payable in respect of such tenancy was received by the claimant or his predecessor or the agent of either, whichever last happened.
R.S., c.133, s.42
Tenancy at will
43(1)Where a person is in possession of any land or in receipt of the profits thereof as tenant at will, the right of the claimant or his predecessor to take proceedings to recover such land, shall be deemed to have first accrued either at the determination of the tenancy, or at the expiration of one year next after its commencement at which time, if the tenant was then in possession, the tenancy shall be deemed to have determined.
43(2)No mortgagor, or cestui que trust under an express trust, shall be deemed to be a tenant at will to his mortgagee or trustee within the meaning of this section.
R.S., c.133, s.43; 1991, c.27, s.21
Concealed fraud
44(1)In a case of concealed fraud, the right of any person to bring an action for the recovery of land of which he, or a person through whom he claims, may have been deprived by such fraud shall be deemed to have first accrued at, and not before, the time at which such fraud was, or with reasonable diligence might have been, first known or discovered.
44(2)Nothing in this section shall enable any owner of land to bring an action for the recovery thereof, or for setting aside any conveyance thereof, on account of fraud, against any bona fide purchaser for valuable consideration, who has not assisted in the commission of such fraud, and who at the time that he made the purchase did not know, and had no reason to believe that any such fraud had been committed.
R.S., c.133, s.44
Acknowledgments of title
45When an acknowledgment in writing of the title of a person entitled to any land is signed by the person in possession of the land or in receipt of the profits thereof, or by his agent in that behalf, and has been given to the person entitled or his agent prior to his right to take proceedings to recover the land having been barred under the provisions of this Act, then the possession or receipt of profits of or by the person by whom such acknowledgment was given shall be deemed, according to the meaning of this Act, to have been the possession or receipt of or by the person to whom or to whose agent such acknowledgment was given at the time of giving the same, and the right of the last mentioned person, or of any person claiming through him, to take proceedings shall be deemed to have first accrued at, and not before, the time at which the acknowledgment, or the last of such acknowledgments, if more than one, was given.
R.S., c.133, s.45
IV
MORTGAGES OF REAL AND PERSONAL
PROPERTY
Repealed: 2009, c.L-8.5, s.34
2009, c.L-8.5, s.34
Repealed
46Repealed: 2009, c.L-8.5, s.34
R.S., c.133, s.46; 2009, c.L-8.5, s.34
Repealed
47Repealed: 2009, c.L-8.5, s.34
R.S., c.133, s.47; 1993, c.36, s.9; 2009, c.L-8.5, s.34
Repealed
47.1Repealed: 2009, c.L-8.5, s.34
1993, c.36, s.9; 2009, c.L-8.5, s.34
Repealed
48Repealed: 2009, c.L-8.5, s.34
R.S., c.133, s.48; 1956, c.44, s.1; 1993, c.36, s.9; 2009, c.L-8.5, s.34
V
AGREEMENTS FOR THE SALE OF LAND
Repealed: 2009, c.L-8.5, s.34
2009, c.L-8.5, s.34
49Repealed: 2009, c.L-8.5, s.34
R.S., c.133, s.49; 2009, c.L-8.5, s.34
Repealed
50Repealed: 2009, c.L-8.5, s.34
R.S., c.133, s.50; 2009, c.L-8.5, s.34
Repealed
51Repealed: 2009, c.L-8.5, s.34
R.S., c.133, s.51; 2009, c.L-8.5, s.34
VI
CONDITIONAL SALE OF GOODS
Repealed: 2009, c.L-8.5, s.34
2009, c.L-8.5, s.34
Repealed
52Repealed: 2009, c.L-8.5, s.34
R.S., c.133, s.52; 1993, c.36, s.9; 2009, c.L-8.5, s.34
Repealed
53Repealed: 2009, c.L-8.5, s.34
R.S., c.133, s.53; 1993, c.36, s.9; 2009, c.L-8.5, s.34
Repealed
54Repealed: 2009, c.L-8.5, s.34
R.S., c.133, s.54; 1987, c.6, s.55; 2009, c.L-8.5, s.34
VII
TRUSTS AND TRUSTEES
Definition of “trustee”
55In this Part, “trustee” includes an executor and a joint trustee.
R.S., c.133, s.55; 2009, c.L-8.5, s.34
Repealed
56Repealed: 2009, c.L-8.5, s.34
R.S., c.133, s.56; 2009, c.L-8.5, s.34
Repealed
57Repealed: 2009, c.L-8.5, s.34
R.S., c.133, s.57; 1956, c.44, s.2; 2009, c.L-8.5, s.34
Action for land against trustee
58(1)Where land is vested in a trustee upon any express trust, the right of the cestui que trust, or any person claiming through him, to bring an action against the trustee, or any person claiming through him, to recover such land shall be deemed to have first accrued according to the meaning of this Act at, and not before, the time at which such land has been conveyed to a purchaser for valuable consideration, and shall then be deemed to have accrued only as against such purchaser and any person claiming through him.
58(2)Repealed: 2009, c.L-8.5, s.34
58(3)Repealed: 2009, c.L-8.5, s.34
R.S., c.133, s.58; 2009, c.L-8.5, s.34
VIII
GENERAL
Possession and receipt of rent of land
59(1)No person shall be deemed to have been in possession of any land within the meaning of this Act, merely by reason of having made an entry thereon.
59(2)No continual or other claim upon or near any land shall preserve any right of making an entry or distress, or of bringing an action.
59(3)The receipt of the rent payable by any tenant at will, tenant from year to year, or other lessee, shall, as against such lessee, or any person claiming under him, but subject to the lease, be deemed to be the receipt of the profits of the land for the purposes of this Act.
R.S., c.133, s.59
Effect of expiry of limitation period respecting land
60At the determination of the period limited by this Act to any person for taking proceedings to recover any land, the right and title of such person to the land shall be extinguished.
R.S., c.133, s.60; 2009, c.L-8.5, s.34
Repealed
61Repealed: 2009, c.L-8.5, s.34
R.S., c.133, s.61; 2009, c.L-8.5, s.34
Title of administrator
62For the purposes of Part III, an administrator claiming the estate or interest of the deceased person of whose property he has been appointed administrator, shall be deemed to claim as if there had been no interval of time between the death of such deceased person and the grant of the letters of administration.
R.S., c.133, s.62; 2009, c.L-8.5, s.34
Effect of disabilities
63(1)If, at the time when the right of a person to take proceedings referred to in Part III first accrued to a person he was under disability, then such person or a person, claiming through him may, notwithstanding anything in this Act, take proceedings at any time within two years next after the person to whom the right first accrued ceased to be under disability or died, whichever event first happened; but if he died without ceasing to be under disability, no further time to take proceedings shall be allowed by reason of the disability of any other person.
63(2)Notwithstanding anything in this section, no proceedings shall be taken or entry made by any person who, at the time when his right to take proceedings to recover any land or to make an entry first accrued, was under any of the disabilities hereinbefore mentioned, or by any person claiming through him, but within forty years next after the time at which such right first accrued, although the person under disability at such time may have remained under one or more of such disabilities during the whole of such forty years, or although the term of two years from the date at which he ceased to be under any such disability, or died, has not expired.
R.S., c.133, s.63; 2009, c.L-8.5, s.34
APPLICATION OF ACT
Repealed: 2009, c.L-8.5, s.34
2009, c.L-8.5, s.34
Repealed
64Repealed: 2009, c.L-8.5, s.34
R.S., c.133, s.64; 2009, c.L-8.5, s.34
ACQUIESCENCE
Repealed: 2009, c.L-8.5, s.34
2009, c.L-8.5, s.34
Repealed
65Repealed: 2009, c.L-8.5, s.34
R.S., c.133, s.65; 2009, c.L-8.5, s.34
N.B. This Act is consolidated to June 10, 2011.