HKLII Hong Kong Ordinances

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LIMITATION ORDINANCE - SECT 8

Accrual of right of action in case of present interests in land

(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 any person brings an action to recover any land of a deceased
person, whether under a will or on intestacy, and the deceased person was on
the date of his 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 was the last person entitled to the land to be in
possession thereof, the right of action shall be deemed to have accrued on the
date of his death.

(3) Where 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, was in possession of the land or, in the case of a rentcharge
created by the assurance, in possession of the land charged, and no person has
been in possession of the land by virtue of the assurance, the right of action
shall be deemed to have accrued on the date when the assurance took effect.
[cf. 1939 c. 21 s. 5 U.K.]



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