LIMITATION OF ACTIONS TO RECOVER LAND AND RENT
With regards to the limitation of actions to recover rents, the timescale for all three jurisdictions is limited to six years.
LIMITATION OF ACTIONS TO RECOVER MONEY SECURED BY MORTGAGE OR CHARGE OR TO RECOVER PROCEEDS OF THE SALE OF LAND
Regarding the limitation of foreclosure action in respect of mortgaged personal property, an action shall be brought before the expiration of twelve years from the date on which the right to foreclose accrued in the West Malaysia jurisdiction. In the Sabah and Sarawak jurisdictions, however, the limitation in both regions is sixty years, whilst for the arrears of land, the limitation period for the West Malaysia, Sabah and Sarawak jurisdictions are equally limited to six years.
LIMITATION OF ACTIONS IN RESPECT OF TRUST PROPERTY OR THE PERSONAL ESTATE OF DECEASED PERSONS
With regards to the limitation of actions claiming personal estate of a deceased person, any claim to the personal estate of a deceased person or to any share or interest in such estate, whether under a will or on intestacy, shall be brought before the expiration of twelve years in all three jurisdictions.
To put it simply, the description of suit and the period of limitation for the respective territories are laid down in a table prepared by us. To access the table, please click here absolutely free of charge, to access the Premium page which will include the table.
To conclude, the laws governing the timescale and limitation period vary across the three regions depending on the description of suit and circumstances, whereby the Limitation Act 1953 governs the West Malaysia jurisdiction, the Limitation Ordinance (Sabah Cap. 72) and the Limitation Ordinance (Sarawak Cap. 49) governing the Sabah and Sarawak jurisdictions respectively.
This article is a part of Alex Chang & Co’s Corporate Social Responsibility effort to share our thoughts on some legal matters. Please contact us or consult your legal advisors for your specific needs.
The Copyright of this article is reserved, however, feel free to share the link to this article.
Jessy Wan Yuen Mun