An Act to amend the Real Property Act 1900 in relation to civil rights and remedies under that Act and in relation to the payment of compensation out of the Torrens Assurance Fund; and for other purposes.
This Act is the Real Property Amendment (Compensation) Act 2000.
This Act commences on a day or days to be appointed by proclamation.
The Real Property Act 1900 is amended as set out in Schedule 1.
The Professional Standards Act 1994 is amended by inserting the words “13 or” after the word “Part” in section 5 (2).
(Section 3)
Omit “
Insert instead “
Insert after the definition of
Omit “section 133A”. Insert instead “section 134”.
Omit “Part 14”. Insert instead “Parts 13 and 14”.
Omit “Part 14”. Insert instead “Parts 13 and 14”.
Insert after section 44:
Except to the extent to which this Act otherwise expressly provides, nothing in this Act is to be construed so as to deprive any purchaser or mortgagee bona fide for valuable consideration of any estate or interest in land under the provisions of this Act in respect of which the person is the registered proprietor.
Despite any other provision of this Act, proceedings for the recovery of damages, or for the possession or recovery of land, do not lie against a purchaser or mortgagee bona fide for valuable consideration of land under the provisions of this Act merely because the vendor or mortgagor of the land:
(a) may have been registered as proprietor through fraud or error, or by means of a void or voidable instrument, or
(b) may have procured the registration of the relevant transfer or mortgage to the purchaser or mortgagee through fraud or error, or by means of a void or voidable instrument, or
(c) may have derived his or her right to registration as proprietor from or through a person who has been registered as proprietor through fraud or error, or by means of a void or voidable instrument.
Subsection (2) applies whether the fraud or error consists of a misdescription of the land or its boundaries or otherwise.
Omit “section 133” from section 93 (4).
Insert instead “section 129 (2) (f)”.
Omit section 96I (1).
Omit “a…