110Entitlement to indemnity

110 Entitlement to indemnity

(1) Subject to this Act any person sustaining loss or damage (whether by deprivation of land or otherwise) by reason of—

S. 110(1)(a) amended by No. 85/1998 s. 16.

(a) the bringing of any land under this Act under Division 2 of Part II or by the creation of a provisional folio under Division 3 of Part II;

S. 110(1)(aa) inserted by No. 128/1986 s. 9(1), amended by No. 35/1996 s. 453(Sch. 1 item 83.12(a)).

(aa) a legal practitioner's failure to disclose in a legal practitioner's certificate a defect in title or the existence of an estate or interest in land;

S. 110(1)(b) amended by No. 18/1989 s. 12(Sch. 1 item 168(a)).

(b) any amendment of the Register;

S. 110(1)(c) amended by No. 18/1989 s. 12(Sch. 1 item 168(a)).

(c) any error omission or misdescription in the Register or the registration of any other person as proprietor;

S. 110(1)(d) amended by No. 18/1989 s. 12(Sch. 1 item 168(b)).

(d) any payment or consideration given to any other person on the faith of any recording in the Register;

(e) the loss or destruction of any document lodged at the Office of Titles for inspection or safe custody or any error in any official search;

(f) any omission mistake or misfeasance of the Registrar or any officer in the execution of his duties;

(g) the exercise by the Registrar of any of the powers conferred on him in any case where the person sustaining loss or damage has not been a party or privy to the application or dealing in connexion with which such power was exercised—

shall be entitled to be indemnified.

S. 110(1A) inserted by No. 128/1986 s. 9(2).

(1A) Section 109(2)(c) does not apply to a person entitled to be indemnified under subsection (1)(aa) of this section.

(2) Any person claiming to be so entitled may bring an action against the Registrar as nominal defendant for recovery of damages or join the Registrar as nominal co-defendant in any action brought by such person in respect of such loss against any other person and the Registrar may join any other person as co-defendant in any such proceedings.

(3) No indemnity shall be payable under this Act—

S. 110(3)(a) amended by Nos 18/1989 s. 12(Sch. 1 item 169), 35/1996 s. 453(Sch. 1 item 83.12(b)), 75/2006 s. 192(Sch. 2 item 6.5) (as amended by No. 17/2007 s. 33).

(a) where the claimant his legal practitioner, conveyancer or agent caused or substantially contributed to the loss by fraud neglect or wilful default or derives title (otherwise than under a disposition for valuable consideration which is registered in the Register) from a person who or whose legal practitioner, conveyancer or agent has been guilty of such fraud neglect or wilful default (and the onus shall rest upon the applicant of negativing any such fraud, neglect or wilful default);