127Barring of actions where claimant on notice

#### 127 Barring of actions where claimant on notice 127 Barring of actions where claimant on notice > > (1) Proceedings based on a claim of deprivation of land through the bringing of that land under the provisions of this Act do not lie against the Registrar-General where the person alleging the deprivation, or the person through whom he or she claims title— > > > > > (a) had notice (by personal service or otherwise) or was otherwise aware that application had been made to bring the land under the provisions of this Act, and > > > > > (b) had omitted to lodge a caveat forbidding the bringing of the land under the provisions of this Act or had allowed such a caveat to lapse. > > > (2) Proceedings based on a claim of deprivation of land through the grant of a possessory application do not lie against the Registrar-General where the person alleging the deprivation, or the person through whom he or she claims title— > > > > > (a) had notice (by personal service or otherwise) or was otherwise aware that the application had been made, and > > > > > (b) had omitted to lodge a caveat forbidding the grant of the application or had allowed such a caveat to lapse. > > > (3) Proceedings based on the extinguishment of a restrictive covenant do not lie against the Registrar-General where the person alleging loss from that extinguishment— > > > > > (a) had notice (by personal service or otherwise) or was otherwise aware that an application for extinguishment of the restrictive covenant had been made, and > > > > > (b) had omitted to lodge a caveat forbidding the grant of the application or had allowed such a caveat to lapse. > > > (4) Proceedings based on the abandonment of an easement do not lie against the Registrar-General where the person alleging loss from that abandonment, or any previous registered proprietor of the land benefited by that easement— > > > > > (a) had notice (by personal service or otherwise) or was otherwise aware that the Registrar-General intended to cancel a recording relating to the easement in the Register, and > > > > > (b) had omitted to lodge a caveat forbidding the grant of the application or had allowed such a caveat to lapse. > > > (5) Proceedings based on the correction of the Register in accordance with this Act by the Registrar-General do not lie against the Registrar-General where the person alleging loss from that correction— > > > > > (a) had notice (by personal service or otherwise) or was otherwise aware that the Registrar-General intended to correct the Register, and > > > > > (b) had failed to serve on the Registrar-General or give the Registrar-General written notice of an order made by the Supreme Court restraining the action. > > **s 127:** Am 1930 No 44, sec 42 (b); 1970 No 23, sec 17 (e); 1970 No 52, Second Sch; 1979 No 26, Sch 1 (12); 1979 No 164, Sch 18 (4). Subst 2000 No 28, Sch 1 \[12\]. Am 2009 No 17, Sch 1 \[10\].