Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 December 2009 - onwards
  Version 2 of 2    

37. Incapacity.

(1) Subject to subsection (2), where the servient owner is incapable, whether at the commencement of or during the relevant user period, of managing his or her affairs because of a mental incapacity, the running of that period is suspended until the incapacity ceases.

(2) Subsection (1) does not apply where -

(a) the court considers that it is reasonable, in the circumstances of the case, to have expected some other person, whether as trustee, committee of a ward of court, an attorney under an enduring power of attorney or otherwise, to have acted on behalf of the servient owner during the relevant user period, or

(b) at least 30 years have elapsed since the commencement of the relevant user period.