sec.188Compensation for deprivation of lot or interest in lot

### sec.188 Compensation for deprivation of lot or interest in lot This section applies if a person (the claimant ) is deprived of a lot, or an interest in a lot, because of— the fraud of another person; or the incorrect creation of an indefeasible title in the name of another person; or incorrect registration; or an error in an indefeasible title or in the freehold land register; or tampering with the freehold land register; or loss, destruction or improper use of a document deposited or lodged at the land registry or held by the land registry for safe custody; or an omission, mistake, breach of duty, negligence or misfeasance— of or by the registrar or a public service employee of the department performing a function or carrying out a duty under this Act; or of or by the titles registry operator or an employee of the operator in relation to the performance of a titles registry function under the Queensland Future Fund (Titles Registry) Act 2021 ; or the exercise by the registrar of a power in relation to an application or dealing with which the person had no connection. The claimant is entitled to compensation from the State for the deprivation. s 188 sub 1997 No. 28 s 295 sch 3 amd 2021 No. 12 s 105 (sec.188-ssec.1) This section applies if a person (the claimant ) is deprived of a lot, or an interest in a lot, because of— the fraud of another person; or the incorrect creation of an indefeasible title in the name of another person; or incorrect registration; or an error in an indefeasible title or in the freehold land register; or tampering with the freehold land register; or loss, destruction or improper use of a document deposited or lodged at the land registry or held by the land registry for safe custody; or an omission, mistake, breach of duty, negligence or misfeasance— of or by the registrar or a public service employee of the department performing a function or carrying out a duty under this Act; or of or by the titles registry operator or an employee of the operator in relation to the performance of a titles registry function under the Queensland Future Fund (Titles Registry) Act 2021 ; or the exercise by the registrar of a power in relation to an application or dealing with which the person had no connection. (sec.188-ssec.2) The claimant is entitled to compensation from the State for the deprivation. - (a) the fraud of another person; or - (b) the incorrect creation of an indefeasible title in the name of another person; or - (c) incorrect registration; or - (d) an error in an indefeasible title or in the freehold land register; or - (e) tampering with the freehold land register; or - (f) loss, destruction or improper use of a document deposited or lodged at the land registry or held by the land registry for safe custody; or - (g) an omission, mistake, breach of duty, negligence or misfeasance— (i) of or by the registrar or a public service employee of the department performing a function or carrying out a duty under this Act; or (ii) of or by the titles registry operator or an employee of the operator in relation to the performance of a titles registry function under the Queensland Future Fund (Titles Registry) Act 2021 ; or - (i) of or by the registrar or a public service employee of the department performing a function or carrying out a duty under this Act; or - (ii) of or by the titles registry operator or an employee of the operator in relation to the performance of a titles registry function under the Queensland Future Fund (Titles Registry) Act 2021 ; or - (h) the exercise by the registrar of a power in relation to an application or dealing with which the person had no connection. - (i) of or by the registrar or a public service employee of the department performing a function or carrying out a duty under this Act; or - (ii) of or by the titles registry operator or an employee of the operator in relation to the performance of a titles registry function under the Queensland Future Fund (Titles Registry) Act 2021 ; or