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STATUTE OF LIMITATIONS, 1957

Type Act
Publication 1957-05-02
Last updated 2025-12-09
State Partially repealed
Text Latest available text
Source Irish Statute Book
articles 82

This is the most recent text the official source publishes. It is not a snapshot of the law as it stood on the date of each change.

48 amending acts · 2025-12-09, revised-IE-1957-act-6@2025-12-09

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AN ACT TO CONSOLIDATE WITH AMENDMENTS CERTAIN ENACTMENTS RELATING TO THE LIMITATION OF ACTIONS AND ARBITRATIONS. [2nd May, 1957.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I.

Preliminary and General.

1. Short title and commencement.

1.—(1) This Act may be cited as the Statute of Limitations, 1957.

2. General provi- sions as to inter- pretation.

2.—(1) In this Act—

“the Act of 1891” means the Registration of Title Act, 1891;

“action” includes any proceeding (other than a criminal proceeding) in a Court established by law;

“action to recover land” includes—

“arbitration”, “arbitration agreement” and “award” have the same meanings as in the Arbitration Act, 1954 (No. 26 of 1954);

“conventional rent” means a rent payable under a lease or other contract of tenancy (whether in writing or not and whether express or implied) and includes the rent payable by a statutory tenant within the meaning of the Rent Restrictions Act, 1946 (No. 4 of 1946), but does not include a fee-farm rent payable under a grant which creates the relationship of landlord and tenant;

“foreshore” means the bed and shore, below the line of high water of ordinary or medium tides, of the sea and of every tidal river and tidal estuary and of every channel, creek, and bay of the sea or of any such river or estuary;

F1[‘judgment mortgage’ means a mortgage registered by a judgment creditor under section 116 of the Land and Conveyancing Law Reform Act 2009;]

“land” includes corporeal hereditaments and rentcharges, and an interest in the proceeds of the sale of land held upon trust for sale, but save as aforesaid does not include any incorporeal hereditament;

“mortgage” includes an equitable mortgage and a judgment mortgage and “mort-gagor”, “mortgagee” and cognate words shall be construed accordingly;

“the operative date” means the 1st day of January, 1959;

“other limitation enactment” means any enactment (other than this Act) relating to the limitation of actions;

“personal estate” does not include chattels real;

“personal injuries” includes any disease and any impairment of a person’s physical or mental condition;

“personal property” does not include chattels real;

“personal representative” means the executor, original or by representation, or the administrator of a deceased person and includes, in relation to land to which the Land Purchase Acts apply, a person who, under those Acts, is, for the purposes of proceedings under those Acts, appointed to be the administrator of the personal estate of a deceased person or nominated to represent a person dead, absent or under a disability;

“registered land” means land the title to which is registered under the Act of 1891;

“rentcharge” means any annuity or periodic sum of money charged upon or payable out of land, and includes—

but does not include—

“ship” includes every description of vessel used in navigation not propelled by oars;

“State authority” means any authority being—

“ Trustee.”

then, neither the purchaser nor any person claiming through him shall, by reason only of the matters mentioned in subparagraphs (i) and (ii) of this paragraph, be, in respect of the new interest, a trustee for the purposes of this Act.

Application of Act to charges for principal sums on registered land.

and cognate words shall be construed accordingly.

Claiming through a person.

Right of action to recover land to include right to enter into possession, distrain, etc.

Possession and dispossession in the case of rentcharges.

3. Application to the State.

3.—(1) Save as in this Act otherwise expressly provided and without prejudice to section 7 of this Act, this Act shall apply to proceedings by or against a State authority in like manner as if that State authority were a private individual.

4. Non-application to proceedings in respect of the forfeiture of a ship.

4.—This Act shall not apply to any proceedings in respect of the forfeiture of a ship or of an interest in a ship under the Mercantile Marine Act, 1955 (No. 29 of 1955).

5. Saving for equit- able jurisdiction to refuse relief for acquiescence or otherwise.

5.—Nothing in this Act shall affect any equitable jurisdiction to refuse relief on the ground of acquiescence or otherwise.

6. Provisions as to set-off and coun- terclaim.

6.—For the purposes of this Act, any claim by way of set-off or counterclaim shall be deemed to be a separate action and to have been commenced on the same date as the action in which the set-off or counterclaim is pleaded.

7. Saving for other limitation enact- ments in respect of actions.

7.—This Act shall not apply to—

8. Provisions as to actions barred and pending on the operative date.

8.—Nothing in this Act shall—

9. Repeals.

9.—The enactments mentioned in column (2) of the Schedule to this Act are hereby repealed to the extent mentioned in column (3) of that Schedule.

PART II.

Periods of Limitation for Different Classes of Action.

10. Part II to be subject to provi- sions of Part III relating to disabil- ity, acknowledg- ment, part payment, fraud and mistake.

10.—The subsequent provisions of this Part of this Act shall have effect subject to the provisions of Part III of this Act which provide for the extension of the periods of limitation in the case of disability, acknowledgment, part payment, fraud and mistake.

Actions of contract and tort and certain other actions.

11. Limitation of actions of contract and tort and certain other actions.

11.—(1) The following actions shall not be brought after the expiration of six years from the date on which the cause of action accrued—

from the date on which the cause of action accrued.]

and the court shall, in deciding whether to give such a direction, have regard to the reason for the failure to bring the action within the period specified in subparagraph (i) of the said subsection (2)(c) and the extent to which any evidence relevant to the matter is by virtue of the delay no longer capable of being adduced.

11A. F13[Limitation of actions for damages for infringements of competition law

11A.—(1) An action for damages under subsection (1) of section 14 of the Act of 2002 shall not be brought after the expiration of 6 years from the latest occurring of the following dates:

in relation to an infringement of competition law, or

is being conducted, shall not, as respects a cause of action relating to that infringement, be reckonable for the purpose of determining the period of 6 years referred to in subsection (1).

is or are pending, shall not, as respects a cause of action relating to that infringement, be reckonable for the purpose of determining the period of 6 years referred to in subsection (1).

is or are pending, shall not, as respects a cause of action relating to that infringement, be reckonable for the purpose of determining the period of 6 years referred to in subsection (1).

shall not be reckonable for the purpose of determining the period of 6 years referred to in subsection (1).

"Act of 2002" means the Competition Act 2002;

"Directive" means Directive 2014/104/EU of the European Parliament and of the Council of 26 November 2014^1 on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union;

"foreign competition authority" has the meaning assigned to it by the Regulations of 2017;

"infringement of competition law" has the meaning assigned to it by the Regulations of 2017;

"infringer" has the meaning assigned to it by the Regulations of 2017;

"Regulations of 2017" means the European Union (Actions for Damages for Infringements of Competition Law) Regulations 2017 (S.I. No. 43 of 2017).]

12. Limitation in case of successive conversions, and extinction of title of owner of converted goods.

12.—(1) Where—

then, subject to section 26, no action shall be brought in respect of the further conversion or wrongful detention after the expiration of six years from the accrual of the cause of action in respect of the original conversion or wrongful detention.

then, subject to section 26, the title of that person to the chattel shall be extin-guished.

Actions to recover land.

13. Limitation of actions to recover land.

13.—(1) (a) Subject to paragraphs (b) and (c) of this subsection, no action shall be brought by a State authority to recover any land after the expiration of thirty years from the date on which the right of action accrued to a State authority or, if it first accrued to some person through whom a State authority claims, to that person.

14. Accrual of right of action (present interests in land). (i) on disposses- sion or discontinu- ance.

14.—(1) Where the person bringing an action to recover land, or some person through whom he claims, has been in possession thereof and has while entitled thereto been dispossessed or discontinued his possession, the right of action shall be deemed to have accrued on the date of the dispossession or discontinuance.

the right of action shall be deemed to have accrued on the date of his death.

the right of action shall be deemed to have accrued on the date when the assurance took effect.

15. Accrual of right of action (future interests in land).

15.—(1) Subject as hereinafter in this section provided, the right of action to recover any land shall, in a case where—

be deemed to have accrued on the date on which the estate or interest fell into possession by the determination of the preceding estate or interest.

term of years absolute, was not in possession of the land on the date of the determination thereof, no action shall be brought by the person entitled to the succeeding estate or interest after the expiration of twelve years from the date on which the right of action accrued to the person entitled to the preceding estate or interest, or of six years from the date on which the right of action accrued to the person entitled to the succeeding estate or interest, whichever period last expires.

which falls into possession on the determination of an entailed interest and which might have been barred by the person entitled to the entailed interest.

an assurance taking effect after the right of action had accrued to the person by whom the assurance was made or some person through whom he claimed or some person entitled to a preceding estate or interest, unless the person by whom the assurance was made could have brought such an action.

no action shall be brought by that person or by any person claiming through him in respect of the future estate or interest, unless in the meantime possession of the land has been recovered by a person entitled to an intermediate estate or interest.

16. Accrual of right of action (forfeit- ure or breach of condition).

16.—(1) A right to recover land by virtue of a forfeiture or breach of condition shall be deemed to have accrued on the date on which the forfeiture was incurred or the condition broken.

17. Accrual of right of action (certain tenancies).

17.—(1) (a) A tenancy at will shall, for the purposes of this Act, be deemed to be determined at the expiration of one year from the commencement thereof, unless it has previously been determined.

shall be deemed to have accrued on the date on which the tenancy is determined.

shall, for the purposes of this Act, be deemed to be determined at the expiration of the first year or other period.

the right of action of the last-named person to recover the land shall be deemed to have accrued at the date when the rent was first received by the wrongful recipient and not at the date of the determination of the lease.

18. Right of action not to accrue unless there is adverse posses- sion.

18.—(1) No right of action to recover land shall be deemed to accrue unless the land is in the possession (in this section referred to as adverse possession) of some person in whose favour the period of limitation can run.

the right of action shall not be deemed to accrue unless and until adverse possession is taken of the land.

19. Cure of defective disentailing assurance.

19.—Where—

then, at the expiration of that period, the assurance shall operate, and be deemed always to have operated, to bar the issue in tail and the said estates.

20. No right of action to be preserved by formal entry or continual claim.

20.—For the purposes of this Act—

21. Possession of one co-parcener, etc., not to be posses- sion of others.

21.—Where any one or more of several persons entitled to any land as F14[...], joint tenants or tenants in common have been in possession of the entirety or more than his or their undivided share or shares of such land for his or their own benefit or for the benefit of any person or persons other than the person or persons entitled to the other share or shares of such land, then, for the purposes of this Act, such possession shall not be deemed to have been the possession of such last-mentioned person or persons or any of them.

22. Possession of younger brother, etc., not to be possession of heir.

22.—F15[...]

23. Administration to date back to death.

23.—For the purposes of the provisions of this Act relating to actions for the recovery of land, an administrator of the estate of a deceased person shall be deemed to claim as if there had been no interval of time between the date of the death of the deceased person and the grant of letters of administration.

24. Extinction of title to land after expiration of period limited for actions to recover land.

24.—Subject to section 25 of this Act and to F16[section 49 of the Registration of Title Act, 1964], at the expiration of the period fixed by this Act for any person to bring an action to recover land, the title of that person to the land shall be extinguished.

25. Equitable estates in land, and land held on trust.

25.—(1) Subject to section 44 of this Act, the provisions of this Act shall apply to equitable estates in land, including interests in the proceeds of the sale of land held upon trust for sale, in like manner as they apply to legal estates in land, and accordingly a right of action to recover the land shall, for the purposes of this Act but not otherwise, be deemed to accrue to a person entitled in possession to an equitable estate in land in the like manner and like circumstances and on the same date as it would accrue if his estate were a legal estate in the land.

Actions to recover settled chattels.

26. Actions to recover settled chattels.

26.—(1) Where any chattels are held upon trust, including a trust for sale, and the period fixed by this Act has expired for the bringing of an action to recover the chattels by the trustees, the title of the trustees shall not be extinguished if and so long as the right of action of any person beneficially entitled to the chattels either has not accrued or has not been barred by this Act, but, if and when such right of action has been so barred, the title of the trustees shall be extinguished.

Actions to recover arrears of rentcharges, conventional rents, dower and annuities charged on personal property.

27. Limitation of actions to recover arrears of a rentcharge.

27.—(1) No action shall be brought or distress made to recover arrears of a rentcharge or damages in respect thereof after the expiration of six years from the date on which the arrears became due.

28. Limitation of actions to recover arrears of a conventional rent.

28.—No action shall be brought or distress made to recover arrears of a conven-tional rent or damages in respect thereof after the expiration of six years from the date on which the arrears became due.

29. Warrants under section 28 of the Land Act, 1933.

29.—(1) The Irish Land Commission shall not issue a warrant under section 28 of the Land Act, 1933 (No. 38 of 1933), in respect of any moneys which became due and payable to them more than six years before the date of the warrant.

30. Limitation of actions to recover arrears of dower.

30.—No action shall be brought or distress made to recover arrears of dower or damages in respect thereof after the expiration of six years from the date on which the arrears became due.

31. Limitation of actions to recover arrears of annuity charged on personal prop- erty.

31.—No action shall be brought to recover arrears of an annuity charged on personal property or damages in respect thereof after the expiration of six years from the date on which the arrears became due.

Actions in respect of mortgages and charges.

32. Limitation of actions by incum- brancers claiming sale of land.

32.—(1) No action shall be brought by a State authority claiming the sale of land which is subject to a mortgage or charge after the expiration of thirty years from the date on which the right of action accrued to a State authority or, if it first accrued to some person through whom a State authority claims, to that person.

action accrued to the person bringing it, or, if it first accrued to some person through whom he claims, to that person;

33. Extinction of title of mortgagee to mortgaged land after expiration of period for action claiming sale of land.

33.—At the expiration of the period fixed by this Act for a mortgagee to bring an action claiming sale of the mortgaged land, the title of the mortgagee to the land shall be extinguished.

34. Limitation of redemption actions (land).

34.—(1) (a) Where a mortgagee of land has been in possession of any of the mortgaged land for a period of twelve years, no action to redeem the land of which the mortgagee has been so in possession shall thereafter be brought by the mortgagor or any person claiming through him.

35. Extinction of title of mortgagor to mortgaged land after expiration of period for action to redeem land.

35.—Subject to section 52 of the Act of 1891, at the expiration of the period fixed by this Act for a mortgagor to bring an action to redeem land subject to a mortgage, the title of the mortgagor to the land shall be extinguished.

36. Limitation of actions to recover principal money secured by a charge on land or personal property.

36.—(1) (a) No action shall be brought to recover any principal sum of money secured by a mortgage or charge on land or personal property (other than a ship) after the expiration of twelve years from the date when the right to receive the money accrued.

paragraph (a) of this subsection shall have effect as if for the words “twelve years” there were substituted “thirty years”.

37. Limitation of actions to recover arrears of interest on a mortgage or charge.

37.—(1) No action shall be brought to recover arrears of interest payable in respect of any principal sum of money secured by a mortgage or charge on land or personal property (other than a ship) or to recover damages in respect of such arrears after the expiration of six years from the date on which the interest became due.

he may recover by that action all the arrears of interest which fell due during the period of possession by the prior incumbrancer or damages in respect thereof, notwithstanding that the period exceeded six years.

interest shall not be deemed to become due before the right to receive the principal sum of money has accrued or is deemed to have accrued.

38. Extinction of right of mort- gagee or char- geant to mort- gage debt at expiration of period for action to recover land or claiming sale of land.

38.—At the expiration of the period fixed by this Act for a mortgagee of land to bring an action to recover the land or for a person claiming as mortgagee or char-geant to bring an action claiming sale of the land, the right of the mortgagee or such person to the principal sum and interest secured by the mortgage or charge shall be extinguished.

39. Extinction of right of mortgage or chargeant to principal sum secured by mort- gage or charge on personal property after expiration of period for action to recover principal sum.

39.—At the expiration of the period fixed by this Act for a mortgagee or chargeant to bring an action to recover a principal sum of money secured by a mortgage or charge on personal property (other than a ship), the right of the mortgagee or chargeant to the principal sum and interest shall be extinguished.

40. Limitation of actions in respect of certain personal rights in or over land, such as right of support, etc.

40.—An action in respect of a right in the nature of a lien for money’s worth in or over land for a limited period not exceeding life, such as a right of support or a right of residence, not being an exclusive right of residence in or on a specified part of the land, shall not be brought after the expiration of twelve years from the date on which the right of action accrued.

41. Extinction of personal right in or over land, such as right of support, etc., after expiration of period for action in respect of such right.

41.—At the expiration of the period fixed by this Act for any person to bring an action in respect of a right in the nature of a lien for money’s worth in or over land for a limited period not exceeding life, such as a right of support or a right of residence, not being an exclusive right of residence in or on a specified part of the land, the said right shall be extinguished.

42. Restriction on recovery under section 26 of the Agricultural Credit Act, 1947, of interest on chattel mort- gages.

42.—The sum in respect of interest due on foot of a chattel mortgage (within the meaning of the Agricultural Credit Act, 1947 (No. 14 of 1947)) which may be certified in an order under section 26 of that Act shall not include any interest which accrued due more than six years before the date of the order.

Actions in respect of trust property.

43. Limitation of actions against trustees.

43.—(1) (a) Subject to section 44 of this Act, an action to recover money or other property or in respect of any breach of trust, not being an action for which a period of limitation is fixed by any other provision of this Act, shall not be brought against a trustee or any person claiming through him after the expiration of six years from the date on which the right of action accrued.

44. Exclusion of actions against trustees in cases of fraud or reten- tion of trust property.

44.—No period of limitation fixed by this Act shall apply to an action against a trustee or any person claiming through him where—

Actions in respect of the estates of deceased persons.

45. Limitation of actions to recover personal estate of deceased persons.

45.—F19[(1) Subject to section 71, no action in respect of any claim to the estate of a deceased person or to any share or interest in such estate, whether under a will, on intestacy or under section 111 F20[or section 111A] of the Succession Act, 1965, shall be brought after the expiration of six years from the date when the right to receive the share or interest accrued.

46. Exclusion of actions against personal repres- entatives in cases of fraud.

46.—F21[...]

PART III.

Extension of Limitation Periods in case of Disability, Acknowledgement, Part Payment, Fraud and Mistake.

47. Interpretation (Part III).

47.—In this Part of this Act—

“statute-barred debt” means a debt in respect of which the period fixed by this Act for the bringing of an action to recover it has expired;

“successor” means—

Chapter II.

Disability.

48. Person under a disability.

48.—(1) For the purposes of this Act, a person shall be under a disability while—

48A. F23[Disability of certain persons for purpose of bringing certain actions arising out of acts of sexual abuse.

48A.—(1) A person shall, for the purpose of bringing an action—

be under a disability while he or she is suffering from any psychological injury that—

‘an act of sexual abuse’ includes—

Provided that the doing or commission of the act concerned is recognised by law as giving rise to a cause of action;

‘full age’ means—

‘professional legal advice’ means advice given by a practising barrister or solicitor in circumstances where the person to whom the advice was given sought such advice for the purpose of bringing or prosecuting an action to which subsection (1) applies, whether such an action was brought or not.]

49. Extension of limitation period in case of disabil- ity.

49.—(1) (a) If, on the date when any right of action accrued for which a period of limitation is fixed by this Act, the person to whom it accrued was under a disability, the action may, subject to the subsequent provisions of this section, be brought at any time before the expiration of six years from the date when the person ceased to be under a disability or died, whichever event first occurred, notwithstanding that the period of limitation has expired.

shall be brought by virtue of paragraph (a) of this subsection by any person after the expiration of thirty years from the date on which the right of action accrued to that person or to some person through whom he claims.

subsection (1) of this section shall have effect as if for the words “six years” there were substituted the words “two years”.

Chapter III.

Acknowledgment.

50. Meaning of “acknowledg- ment”.

50.—In this Chapter, “acknowledgment” means an acknowledgment, under section 51, 52, 53, 54, 55, 56 or 57 of this Act, made in accordance with section 58 of this Act.

51. Fresh accrual of right of action on acknowledgment (action to recover land).

51.—(1) Where—

the right of action shall be deemed to have accrued on and not before the date of the acknowledgment.

52. Fresh accrual of right of action on acknowledgment (action by mort- gagee to recover land).

52.—Where—

the right of action shall be deemed to have accrued on and not before the date of the acknowledgment.

53. Fresh accrual of right of action on acknowledgment (action by incum- brancer claiming sale of land).

53.—Where—

the right of action shall be deemed to have accrued on and not before the date of the acknowledgment.

54. Effect of acknow- ledgment on right of action to redeem mort- gaged land in mortgagee’s possession.

54.—Where—

an action to redeem the land in the mortgagee’s possession may be brought at any time before the expiration of twelve years from the date of the acknowledgment.

55. Fresh accrual of right of action on acknowledgment (action in respect of personal right in or over land, such as right of support, etc.).

55.—Where—

the right of action shall be deemed to have accrued on and not before the date of the acknowledgment.

56. Fresh accrual of right of action on acknowledgment (action to recover debt).

56.—(1) Where—

the right of action shall be deemed to have accrued on and not before the date of the acknowledgment.

the right of action shall be deemed to have accrued on and not before the date of the acknowledgment.

57. Fresh accrual of right of action on acknowledgment (action claiming personal estate of deceased person).

57.—Where—

the right of action shall be deemed to have accrued on and not before the date of the acknowledgment.

58. Formal provisions as to acknowledg- ment.

58.—(1) Every acknowledgment shall be in writing and signed by the person making the acknowledgment.

59. Effect of acknow- ledgment on persons other than the maker or recipient.

59.—(1) An acknowledgment of title to any land by any person in possession thereof shall bind all other persons in possession during the ensuing period of limitation.

the following provisions shall have effect—

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