Actions in Respect of Land, Mortgages and Rent

Nature of action Time Limit Period Legislation Provision
Action to recover land 12 years s 13 Limitation of Actions Act 1974 (Qld) Action shall not be brought after the expiration of 12 years from the date of accrual. Right of action does not accrue unless/until there is adverse possession (s 19(1)) and period commences to run from date of dispossession or discontinuance (s 14).
Action for foreclosure on mortgaged personal property 12 years s 26(2) Limitation of Actions Act 1974 (Qld) Action shall not be brought after expiration of 12 years from date on which right to foreclose accrued.

Note the different time periods relating to deemed accrual.
Action to recover a principal sum of money secured by mortgage or charge, or to recover proceeds of land sale (real or personal) 12 years s 26(1) Limitation of Actions Act 1974 (Qld) Action shall not be brought after 12 years from date on which right to receive money accrued.
Action to recover arrears of interest payable on money secured by mortgage or other charge OR payable in respect of proceeds of sale of land OR damages in respect of such arrears. 6 years s 26(5) Limitation of Actions Act 1974 (Qld) No action after 6 years from date on which the interest became due.
Action by mortgagor to redeem land of which the mortgagee has been in possession. 12 years s 20 Limitation of Actions Act 1974 (Qld) No action to redeem the land of which the mortgagee has been in possession shall be brought by the mortgagor (or person claiming through a mortgagor) after 12 years of possession.
Action to recover rent or damages in respect thereof. 6 years s 25 Limitation of Actions Act 1974 (Qld) An action shall not be brought after 6 years from the date on which the arrears become due.
Summary proceeding for an offence against the Residential Tenancies and Rooming Accommodation Act 2008 (Qld). Proceeding must start within the later of the following periods to end:

·         1 year after the commission of the offence; or

·         6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.

 s 510 Residential Tenancies and Rooming Accommodation Act 2008 (Qld) Proceeding must be taken in a summary way under the Justices Act 1886 (Qld).
Action to prevent lapse of a caveat on land Caveat lapses 3 months after lodgement or 14 days after receipt of notice to commence proceedings. s 126(4) & (5) Land Title Act 1994 (Qld) Caveat lapses unless proceedings are taken within 3 months after lodgement of caveat or within 14 days after receiving notice to commence proceedings under s126(2) Land Title Act 1994 (Qld), whichever first occurs.
Action to claim against the Agents Financial Administration Act 2014 (Qld) claim fund in respect of specified contraventions by certain persons including a property agent, motor dealer, auctioneer or collection agent. The earlier of 1 year after becoming aware of the financial loss or 3 years after the event which caused the loss or within 3 months of the end of court proceedings. s 85 Agents Financial Administration Act 2014 (Qld) A person may make a claim against the fund (other than for a specified marketeering contravention) only if the person makes the claim:

·         within the earlier of 1 year after becoming aware that the person has suffered financial loss or 3 years of the event that caused the loss;

OR ,

·         provided proceedings have been commenced in a court within the time period noted above, within 3 months of the end of court proceedings to recover the amount of the loss.

Under s 87 Agents Financial Administration Act 2014 (Qld) these time limits do not apply to claims notified to the chief executive by a receiver of the agent under s 62(3)(b) of that Act.
Claim for capital loss against the Agents Financial Administration Act 2014 (Qld) claim fund resulting from marketeering contraventions in respect of non-investment residential property. Notice of the claim within 1 year of the contract date and making the claim within 6 years of the contract date. s 86 Agents Financial Administration Act 2014 (Qld) A person may make a claim against the fund for capital loss arising out of a specified marketeering contravention in respect of non-investment residential property only if the person:

·         gives the chief executive notice in the approved form that the person intends to make the claim within 1 year of the contract date; and

·         makes the claim within 6 years of the contract date.

Under s 87 Agents Financial Administration Act 2014 (Qld) these time limits do not apply to claims notified to the chief executive by a receiver of the agent under s 62(3)(b) of that Act.