149Registered proprietor protected against ejectment, except in certain cases

149 Registered proprietor protected against ejectment, except in certain cases

(1)  An action of ejectment or other action for the recovery of registered land shall not lie or be sustained against the person registered as proprietor of the land under this Act, except in the following cases:

(a) a mortgagee as against a mortgagor in default;

(b) an encumbrancee as against an encumbrancer in default;

(c) a lessor as against a lessee in default;

(d) a person deprived of land by fraud as against the person registered as proprietor of the land through fraud, or as against a person deriving, otherwise than as a transferee bona fide for value, from or through a person so registered through fraud;

(e) a person deprived of or claiming land included in a folio of the Register evidencing the title to other land, by misdescription of that other land or of its boundaries, as against the registered proprietor of that other land, not being a transferee of that other land, or deriving from or through a transferee of that other land bona fide for value;

(f) the registered proprietor of land which was first brought under this Act or the repealed Act as against another registered proprietor, in a case where 2 or more folios of the Register subsist for conflicting estates in the same land.

(2)  In any case not referred to in subsection (1) , the production of a certified copy of the relevant folio of the Register, or, in the case of leasehold land where no folio of the Register exists for the leasehold estate, a certified copy of the lease, shall be held in every court to be an absolute bar and estoppel to any action referred to in subsection (1) against the person named in that folio as registered proprietor of the land described in that folio or the lessee.

(3)  A certificate signed by the Recorder that no folio of the Register exists for the leasehold estate created by a lease registered under this Act shall be received in every court as evidence of that fact.

(4)  For the purposes of subsection (2) , certified means certified by the Recorder or by some officer acting on his behalf.