137. Actions for recovery of land
Feedback & supportNo action of ejectment or other action for the recovery of registered land lies or may be sustained against the proprietor thereof except in the case of —
registered land
“registered land” means land which has been brought under the provisions of this Act by being included in a folio of the land-register;
a mortgagee against a mortgagor in default;
a chargee against a chargor in default;
a lessor against a lessee in default;
a person deprived of land by fraud against the person who has become registered as proprietor of the land by fraud, or against any person claiming through that proprietor otherwise than as a purchaser; or
a re-entry or forfeiture upon breach of a covenant or condition contained or implied in a Crown grant, State grant, Crown lease or State lease.
In any action pursuant to this section, the Court may make such order for the cancellation of any folio of the land-register or of any entry therein, or for the recovery of possession of the land, as the circumstances of the case may require.
In any action based on fraudulent deprivation, the Court may make an order for payment of damages either in addition to or in substitution for an order for the recovery of land.
order
“order” means an order of the Court, and includes a rule and a decree;
On making an order pursuant to this section, the Court shall have regard to any improvements which may have been made to the land subsequently to the deprivation, and to the conduct of the parties, and may, if it sees fit, put the successful party on terms of paying compensation.
land
“land” means the surface of any defined parcel of the earth, and all substances thereunder, and so much of the column of air above the surface as is reasonably necessary for the proprietor’s use and enjoyment, and includes any estate or interest in land and all vegetation growing thereon and structures affixed thereto. Subject to any provision to the contrary the proprietorship of land includes natural rights to air, light, water and support and the right of access to any highway on which the land abuts;
For the purposes of this section, any unlawful acquisition of land, whether by a person purporting to act under statutory authority or otherwise, shall be deemed to be fraudulent.[133