Section 32 — Limitation Act 1969 (NSW)

(1) Subject to subsection (2), a cause of action to recover land by virtue of a forfeiture or breach of condition accrues on the date on which the plaintiff or a person through whom the plaintiff claims first discovers or may with reasonable diligence discover the facts giving the right of forfeiture or showing that the condition is broken.
(2) Subject to section 33, if a cause of action to recover land by virtue of a forfeiture or breach of condition accrues to a person entitled to an estate or interest in reversion or remainder or any other future estate or interest and neither the person nor a person claiming under the person recovers the land by virtue of the forfeiture or breach of condition, a fresh cause of action to recover the land accrues, on the date on which that estate or interest becomes a present estate or interest, to the person entitled on that date to that estate or interest.

Related sections

• s 29 — Accrual—deceased in possession
• s 30 — Accrual—grantor in possession
• s 31 — Accrual—future interests
• s 33 — Rent wrongly paid
• s 34 — Tenancies
• s 35 — Landlord and Tenant (Amendment) Act 1948

Research how courts apply s 32

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.