Land­lords, be aware of the 12-year rule

HT Estates - - HTESTATES -

and nei­ther party agreed to the sta­tus of ten­ant and land­lord.

“Where the ten­ancy is de­ter­mined”, are the words used by Ar­ti­cle 67. Th­ese are very im­por­tant. The right of a land­lord to re­cover pos­ses­sion does not ac­crue un­til there is a ces­sa­tion of the ten­ancy, but once the ten­ancy is de­ter­mi­nated, the right to seek re­cov­ery must be ex­er­cised within 12 years.

The l aw of l i mi­ta­tion emerges from the le­gal prin­ci­ple that re­quires lit­i­gants to be vig­i­lant. And once time has com­menced, it usu­ally will not cease by sub­se­quent events, un­less there is a sav­ing in the statute it­self. While lit­i­gants have a right to avail lit­i­ga­tion up to the very last day pre­scribed by a statute, they must re­mem­ber the Latin maxim, “vig­i­lan­tibus no dormi­en­tibus jura sub­ve­ni­unt” - the laws serve the vig­i­lant, not those who sleep.

THINKSTOCK

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