Australian Capital Territory Current Acts

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LAND TITLES ACT 1925 - SECT 152

Registered proprietor protected against ejectment except in certain cases

    (1)     No action of ejectment or other action for the recovery of any land shall lie or be sustained against the person registered as proprietor thereof under this Act, except in any of the following cases:

        (a)     the case of a mortgagee as against a mortgagor in default;

        (b)     the case of an encumbrancee as against an encumbrancer in default;

        (c)     the case of the Territory as against the person registered as proprietor of the land if the land is subject to a charge by reason of section 108B and the person is in default in payment of the whole or any part of the amount secured by the charge;

        (d)     the case of a lessor as against a lessee in default;

        (e)     the case of a person deprived of any land by fraud as against the person registered as proprietor of the land through fraud, or as against a person deriving otherwise than as a transferee bona fide for value from or through a person so registered through fraud;

        (f)     the case of a person deprived of, or claiming, any land included in the register as an interest in other land by misdescription of that other land, or of its boundaries, as against the registered proprietor of that other land not being a transferee thereof bona fide for value;

        (g)     the case of a registered proprietor claiming under a title prior in date of registration under this Act, in any case in which 2 or more interests may be registered under this Act in respect of the same land.

    (2)     In any case, other than those mentioned in subsection (1), the production of a current certified extract from the register showing all interests affecting the land, shall be held in every court to be an absolute bar and estoppel to any such action against the person named in the document or instrument as seized of or as registered proprietor or lessee of the land therein described, any rule of law or equity to the contrary notwithstanding.



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