139. Procedure on actions against the assurance fund
Feedback & supportAny person intending to claim against the assurance fund shall, not less than 14 days before the commencement of the action, serve notice of his claim on the Registrar as nominal defendant, stating the grounds on which his claim is made and the amount claimed.
assurance fund
“assurance fund” means the assurance fund constituted under section 134;
The Registrar may tender in settlement of the claim the amount claimed or any lesser amount, and if the claimant rejects that tender and fails later to recover damages exceeding the amount tendered by 20% of that amount he shall pay, in addition to his own costs, the costs of the Registrar in defending the action.
Registrar
“Registrar” means the Registrar of Titles appointed pursuant to this Act.
If in any such action the plaintiff recovers final judgment against the Registrar, then the Court shall certify the fact of the judgment and the amount of damages and costs recovered, and the amount of those damages and (except as provided in subsection (2)) those costs shall be paid to the person recovering them, and shall be charged to the account of the assurance fund. In all other cases the Registrar’s costs shall be payable by the plaintiff.
Notwithstanding anything to the contrary in section 138, any person deprived of land to a value of not more than $1,000, or sustaining loss or damage of not more than that amount, may claim against the assurance fund in the first instance and the Registrar may settle or compound the claim.[135
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;