Part II
Extension or Exclusion of Ordinary Time Limits
Disability
Extension of limitation period in case of disability. 28.—(1) Subject to the following provisions of this section, if on the date when any right of action accrued for which a period of limitation is prescribed by this Act, the person to whom it accrued was under a disability, the action may be brought at any time before the expiration of six years from the date when he ceased to be under a disability or died (whichever first occurred) notwithstanding that the period of limitation has expired.
(2) This section 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) When 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) No action to recover land or money charged on land shall be brought by virtue of this section by any person after the expiration of thirty years from the date on which the right of action accrued to that person or some person through whom he claims.
(5) If the action is one to which section 10 of this Act applies, subsection (1) above shall have effect as if for the words “six years” there were substituted the words “two years”.
(6) If the action is one to which section 11 or 12(2) of this Act applies, subsection (1) above shall have effect as if for the words “six years” there were substituted the words “three years”.
Acknowledgment and part payment
Fresh accrual of action on acknowledgment or part payment. 29.—(1) Subsections (2) and (3) below apply where any right of action (including a foreclosure action) to recover land or an advowson or any right of a mortgagee of personal property to bring a foreclosure action in respect of the property has accrued.
(2) If the person in possession of the land, benefice or personal property in question acknowledges the title of the person to whom the right of action has accrued—
- (a) the right shall be treated as having accrued on and not before the date of the acknowledgment; and
