26Recovery of land on determination of a life or lives

26 Recovery of land on determination of a life or lives (1) A person having an interest in land determinable on a life or lives who, after the determination of the life or lives and without the express consent of the person next immediately entitled on or after the determination, holds over or continues in possession of the interest in the land or of the income of the land is liable in damages or to an account for the income to the person entitled after the determination of the life or lives to the interest in the land or the rents, profits or income, as the case may be. (2) If a reversion, remainder or other interest in land is expectant on the determination of a life or lives, the reversioner, person in remainder or other person entitled to the reversion, remainder or interest may, in a proceeding claiming relief on the basis that a life or lives has or have determined, adduce evidence of the belief that the life or lives has or have determined and of the grounds on which the belief was formed. (3) In proceedings referred to in subsection (2): (a) the Court may in its discretion order that, unless the person or persons on whose life or lives the reversion, remainder or other interest is expectant is or are: (i) produced in court; or (ii) otherwise shown to be living, the person or persons are for the purposes of the proceedings to be accounted as dead and relief may be given accordingly; (b) if a person in respect of whom it is material that the person be shown to be living or not is shown to have: (i) remained beyond Australia; or (ii) otherwise absented himself or herself from the place in which the person if in Australia might be expected to be found, for a continuous period of 7 years or more, that person, if not proved to be living, is for the purposes of the proceedings to be accounted as dead, and relief may be given accordingly; or

Law of Property Act 2000 15 (c) if judgment has been given against the plaintiff and afterwards the plaintiff brings subsequent proceedings on the basis that a life has determined, the Court may make an order staying the proceedings: (i) permanently; (ii) until a further order is made; or (iii) for any other period it thinks just. (4) If, as a consequence of a judgment given in proceedings under this section, a person having an interest in land determinable on a life or lives has been evicted from or deprived of land or an interest in the land, and afterwards it appears that the person or persons on whose life or lives the estate or interest depends is or are living or was or were living at the time of the eviction or deprivation, the Court may give the relief it thinks appropriate in the circumstances.