118Registered proprietor protected except in certain cases

#### 118 Registered proprietor protected except in certain cases 118 Registered proprietor protected except in certain cases > > (1) Proceedings for the possession or recovery of land do not lie against the registered proprietor of the land, except as follows— > > > > > (a) proceedings brought by a mortgagee against a mortgagor in default, > > > > > (b) proceedings brought by a chargee or covenant chargee against a charger or covenant charger in default, > > > > > (c) proceedings brought by a lessor against a lessee in default, > > > > > (d) proceedings brought by a person deprived of land by fraud against— > > > > > > > (i) a person who has been registered as proprietor of the land through fraud, or > > > > > > > (ii) a person deriving (otherwise than as a transferee bona fide for valuable consideration) from or through a person registered as proprietor of the land through fraud, > > > > > (e) proceedings brought by a person deprived of, or claiming, land that (by reason of the misdescription of other land or its boundaries) has been included in a folio of the Register for the other land against a person who has been registered as proprietor of the other land (otherwise than as a transferee bona fide for valuable consideration), > > > > > (f) proceedings brought by a registered proprietor under an earlier folio of the Register against a registered proprietor under a later folio of the Register where the two folios have been created for the same land. > > > (2) Despite any rule of law or equity to the contrary— > > > > > (a) the production of a manual folio is an absolute bar and estoppel to any such proceedings commenced before the production of the folio against the person named in the folio as a registered proprietor or lessee of the land, and > > > > > (b) the production of a computer folio certificate for a computer folio is an absolute bar and estoppel to any such proceedings commenced before the time specified in the certificate against the person named in the certificate as a registered proprietor or lessee of the land. > > > (3) Subsection (2) does not apply to proceedings of the kind referred to in subsection (1) (a)–(f). > > > (4) This section does not affect— > > > > > (a) any proceedings in relation to land for which a qualified folio of the Register has been created, being proceedings based on a subsisting interest within the meaning of Part 4A, or > > > > > (b) any proceedings brought by a person deprived of, or claiming, land that (by reason of the misdescription of other land or its boundaries) has been included in a limited folio of the Register for the other land, whether or not the registered proprietor of the other land is a transferee of the land bona fide for valuable consideration. > > **s 118:** Rep 1970 No 23, sec 16 (a). Ins 2000 No 28, Sch 1 \[12\].