Section 4
Section 4
(1)
In this Act, unless the context otherwise requires —
“action” includes any proceeding in a court of law;
“land” includes corporeal hereditaments and rent charges and any legal or equitable estate or interest therein, including an interest in the proceeds of the sale of land held upon trust for sale, but except as provided above in this definition does not include any incorporeal hereditament;
“personal estate” and “personal property” do 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;
“rent” includes a rentcharge and a rent service;
“rentcharge” means any annuity or periodical sum of money charged upon or payable out of land, except a rent service or interest on a mortgage on land;
“trust” and “trustee” have the same meanings respectively as in the Trustee Act, 1925 of the United Kingdom;
“trust for sale” has the same meaning as in the Law of Property
Act, 1925 of the United Kingdom.
(2)
For the purposes of this Act a person shall be treated as under a disability while he is an infant, or of unsound mind.
(3)
For the purposes of subsection (2), a person is of unsound mind if he is a person who, by reason of mental disorder, is incapable of managing and administering his property and affairs.
(4)
Without prejudice to the generality or subsection (3), a person shall be conclusively presumed for the purposes of subsection (2) to be of unsound mind while he is liable to be detained or subject to guardianship under any law in force relating to mental health.
Limitation
B.L.R.O. 1/2000 7
(5)
Subject to subsection (6), a person shall be treated as claiming through another person if he became entitled by, through, under, or by the act of that other person to the right claimed.
(6)
A person becoming entitled to any estate or interest by virtue of a special power of appointment shall not be treated as claiming through the appointor.
(7)
References in this Act to a right action to recover land shall include references to a right to enter into possession of the land or, in the case of rentcharges, to distrain for arrears of rent, and references to the bringing of such an action shall include references to the making of such an entry or distress.
(8)
References in this Act to the possession of land shall, in the case of rentcharges, be construed as references to the receipt of the rent, and references to the date of dispossession or discontinuance of possession of land shall, in the case of rentcharges, be construed as references to the date of the last receipt of rent.
(9)
References in Part III to a right of action shall include references to —
(a)
a cause of action;
(b)
a right to receive money secured by a mortgage or charge on any property;
(c)
a right to recover proceeds of the sale of land; and
(d)
a right to receive a share or interest in the personal estate of a deceased person.
(10)
References in Part III to the date of the accrual of a right of action shall be construed —
(a)
in the case of an action upon a judgment, as references to the date on which the judgment became enforceable; and
(b)
in the case of an action to recover arrears of rent or interest, or damages in respect of arrears of rent or interest, as references to the date on which the rent or interest became due.
Limitation 8