Limitation Act 1953 · Updated to 1 Sep 2019 · Part II
15. Right of action not to accrue or continue unless there is adverse possession
Feedback & supportNo right of action to recover land shall be deemed to accrue unless the land is in the possession of some person in whose favour the period of limitation can run (hereafter in this section referred to as
“adverse possession”) and where under the foregoing provisions of this
Act any such right of action is deemed to accrue on a certain date and no person is in adverse possession on that date, the right of action shall not be deemed to accrue unless and until adverse possession is taken of the land.
land
“land” includes things attached to the earth or permanently fastened to anything attached to the earth, rent charges and any legal or equitable estate or interest in land including an interest in the proceeds of sale of land held upon trust for sale but save as aforesaid does not include any right of way, easement, servitude, profit over or in respect of land, or right in the nature of an easement, servitude or profit over or in respect of land, or any other incorporeal hereditament;
20 Laws of Malaysia ACT 254
Where a right of action to recover land has accrued and thereafter, before the right is barred, the land ceases to be in adverse possession, the right of action shall no longer be deemed to have accrued and no fresh right of action shall be deemed to accrue unless and until the land is again taken into adverse possession.
For the purposes of this section—
possession of any land subject to a rent charge by a person
(other than the person entitled to the rent charge) who does not pay the rent shall be deemed to be adverse possession of the rent charge; and
receipt of rent under a lease by a person wrongfully claiming, in accordance with subsection 13(4) of this Act, the land in reversion shall be deemed to be adverse possession of the land.