16Right of action not to accrue or continue unless there is adverse possession

### 16 Right of action not to accrue or continue unless there is adverse possession > > (1)  No 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 (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. > > > (2)  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 until the land is again taken into adverse possession. > > > (3)  For the purposes of this section – > > > > > > (a) the possession of land subject to a rentcharge by a person (other than the person entitled to the rentcharge) who does not pay the rent shall be deemed adverse possession of the rentcharge; and > > > > > > > (b) receipt of rent under a lease by a person wrongfully claiming, in accordance with [section 15(3)](#GS15@Gs3@EN) , the land in reversion shall be deemed to be adverse possession of the land. > > > (4)  Where any one or more of several persons entitled to any land or rent as joint tenants or tenants in common have been in possession or receipt of – > > > > > > (a) the entirety of the land or profits thereof, or the rent, for his or their own benefit or for the benefit of any other person not entitled thereto, or any share therein; or > > > > > > > (b) more than his or their undivided share or shares therein, for his or their own benefit or for the benefit of any person not entitled to a share therein – > > > > that possession or receipt shall be deemed not to have been the possession or receipt of or by the other persons entitled as joint tenants or tenants in common, but shall be deemed to be adverse possession of the land.