Land Titles Act 1993 · 2020 Revised Edition · Part 17 · Rights and Remedies
154. Actions for recovery of land
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No 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;
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 State title.
In any action under this section, the court may make such order for the cancellation of any folio 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.
land
“land” means —(a)the surface of any defined parcel of the earth, so much of the subterranean space below and so much of the column of airspace above the surface whether or not held apart from the surface as is reasonably necessary for the proprietor’s use and enjoyment, and includes any estate or interest therein and all vegetation growing thereon and structures affixed thereto; or(b)any parcel of airspace or any subterranean space whether or not held apart from the surface of the earth and described with certainty by reference to a plan approved by the Chief Surveyor and filed with the Authority, and includes any estate or interest therein and all vegetation growing thereon and structures affixed thereto,and where the context so permits, 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;
On making an order under this section, the court is to 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.
For the purposes of this section, any unlawful acquisition of land, whether by a person purporting to act under statutory authority or otherwise, is deemed to be fraudulent.