37Settled land

#### 37 Settled land 37 Settled land > > (1) Where land is held on trust under a settlement— > > > > > (a) while there is in existence or there may come into existence a beneficiary whose cause of action to enforce his or her estate or interest in the land under the settlement has not accrued or has not been barred by this Act, nothing in this Act bars a cause of action of the trustee to recover the land or to enforce an equitable estate or interest in the land, so far as the cause of action is necessary to support or give effect to the estate or interest of the beneficiary in the land under the settlement; but > > > > > (b) when the cause of action of every possible beneficiary to enforce his or her estate or interest in the land under the settlement is barred by this Act, and the cause of action of the trustee to recover the land or to enforce an equitable estate or interest in the land would, but for paragraph (a), be barred by this Act, an action on a cause of action to recover the land or to enforce an equitable estate or interest in the land is not maintainable by the trustee. > > > (2) Subject to subsection (3), where land is held on trust under a settlement and a person entitled to a present estate or interest in the land under the settlement is in possession of the land, a cause of action to recover the land or to enforce an equitable estate or interest in the land does not, for the purposes of this Act, accrue to the trustee or to any person entitled to an estate or interest in the land under the settlement against the person in possession of the land while the latter person is entitled to the firstmentioned estate or interest and is in possession of the land. > > > (3) Subsection (2) does not apply to a cause of action against— > > > > > (a) a person in possession who is solely and absolutely entitled under the settlement to the land, or > > > > > (b) two or more persons in possession who are absolutely entitled under the settlement to the land as joint tenants or as tenants in common. > > > (4) In this section, settlement means a disposition, inter vivos or by will, of property upon trust, where no person is, immediately after the disposition takes effect, beneficially entitled to the trust property absolutely.