Land Titles Act 1993 · 2020 Revised Edition · Part 17 · Rights and Remedies
155. Actions for recovery of damages
Feedback & supportSubject to subsection (3), any person who is deprived of land or sustains loss or damage through any omission, mistake or misfeasance of the Registrar, or any member of the Registrar’s staff, in the bringing of the land under the provisions of this Act or in the registration of any instrument, and who is barred by this Act from bringing any action for the recovery of land, proceeds of the sale of land, moneys secured by a registered mortgage or interests protected by a caveat notified on a folio, may bring an action for the recovery of damages against the assurance fund.
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;
In any action for the recovery of damages or compensation, whether for deprivation or for error or otherwise, the court is to take into consideration the fact that the claimant’s own neglect, default or incaution may have caused or contributed to the deprivation, loss or damage, and in any such case may withhold or abate damages or compensation accordingly.
No compensation is to be paid out of the assurance fund under any circumstances for any loss, damage or deprivation occasioned by —
assurance fund
“assurance fund” means the assurance fund constituted under section 151;
the issue of a qualified folio for the land brought under the provisions of this Act;
any incorrect description of the parcels, the boundaries or dimensions (including area) of any land provided by the Chief Surveyor or any incorrect particulars of the alienation of the land forwarded by the Collector to the Registrar; or
any incorrect description or lack of description of the parcels or dimensions (including area) of any land or a strata lot where no survey has been carried out.
For the purposes of this section, any person who may bring an action for the recovery of land, proceeds of sale of land or moneys secured by a registered mortgage or charge, or interests protected by a caveat notified on a folio is deemed not to have been deprived of the land or suffered any loss or damage, as the case may be.
folio
“folio” means a folio of the land‑register, whether qualified or unqualified as to title;
Any person in respect of whom a folio has been created for the person’s land under any of the provisions of this Act is deemed to be the person by whom the land comprised in that folio was brought under the provisions of this Act and who derived benefit therefrom.
On receipt of a notice, the Registrar is entitled to appear in any such action and may offer to compensate any party to the action out of the assurance fund.
On any such offer being made, further action is limited to determination of the compensation to be paid.