Land Titles Act 1993 · 2020 Revised Edition · Part 17 · Rights and Remedies
156. Procedure in actions against assurance fund
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Any person intending to claim against the assurance fund must, not less than 14 days before the commencement of the action, serve notice of the person’s claim on the Registrar as nominal defendant, stating the grounds on which the person’s claim is made and the amount claimed.
assurance fund
“assurance fund” means the assurance fund constituted under section 151;
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, the claimant must pay, in addition to the claimant’s own costs, the costs of the Registrar in defending the action.
If in any such action the claimant recovers final judgment against the Registrar, then the court is to 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 must be —
paid to the person recovering them; and
charged to the account of the assurance fund.
In all other cases, the Registrar’s costs are payable by the claimant.
Despite anything to the contrary in section 155, 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.
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;