152Compensation for party deprived of land

152 Compensation for party deprived of land

(1)  Subject to section 42 , a person deprived of land or of any estate or interest in land –

(a) in consequence of fraud;

(b) through the bringing of that land under this Act;

(c) by the registration of another person as proprietor of that land, estate, or interest; or

(d) in consequence of any error, omission, or misdescription in the Register –

may bring an action for the recovery of damages.

(2)  An action referred to in subsection (1) shall –

(a) in any case in which the land has been included in 2 or more grants, be brought against such person as the Governor may appoint as nominal defendant; or

(b) in any other case, subject to the provisions of subsections (3) , (4) , (5) , (6) , (7) , and (8) , be brought against the person –

(i) on whose application that land was brought under this Act;

(ii) on whose application the erroneous registration was made; or

(iii) who acquired title to the estate or interest in question through fraud, error, omission, or misdescription.

(3)  Where a person is deprived of land because it is brought under this Act pursuant to Division 3 of Part III and the title registered on the bringing of the land under this Act is not a qualified title subject to a general caution, the person who is first registered as proprietor of the land shall be regarded as the person on whose application the land was brought under this Act.

(4)  Where a person is deprived of land by the cancellation of a caution pursuant to section 21 (6) , the person who is the registered proprietor of the land at the time the caution is cancelled shall be regarded as the person on whose application the land was brought under this Act.