New South Wales Consolidated Acts

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REAL PROPERTY ACT 1900 - SECT 127

Barring of actions where claimant on notice

127 Barring of actions where claimant on notice

(1) Proceedings based on a claim of deprivation of land through the bringing of that land under the provisions of this Act do not lie against the Registrar-General where the person alleging the deprivation, or the person through whom he or she claims title:
(a) had notice (by personal service or otherwise) or was otherwise aware that application had been made to bring the land under the provisions of this Act, and
(b) had omitted to lodge a caveat forbidding the bringing of the land under the provisions of this Act or had allowed such a caveat to lapse.
(2) Proceedings based on a claim of deprivation of land through the grant of a possessory application do not lie against the Registrar-General where the person alleging the deprivation, or the person through whom he or she claims title:
(a) had notice (by personal service or otherwise) or was otherwise aware that the application had been made, and
(b) had omitted to lodge a caveat forbidding the grant of the application or had allowed such a caveat to lapse.
(3) Proceedings based on the extinguishment of a restrictive covenant do not lie against the Registrar-General where the person alleging loss from that extinguishment:
(a) had notice (by personal service or otherwise) or was otherwise aware that an application for extinguishment of the restrictive covenant had been made, and
(b) had omitted to lodge a caveat forbidding the grant of the application or had allowed such a caveat to lapse.
(4) Proceedings based on the abandonment of an easement do not lie against the Registrar-General where the person alleging loss from that abandonment, or any previous registered proprietor of the land benefited by that easement:
(a) had notice (by personal service or otherwise) or was otherwise aware that the Registrar-General intended to cancel a recording relating to the easement in the Register, and
(b) had omitted to lodge a caveat forbidding the grant of the application or had allowed such a caveat to lapse.
(5) Proceedings based on the correction of the Register in accordance with this Act by the Registrar-General do not lie against the Registrar-General where the person alleging loss from that correction:
(a) had notice (by personal service or otherwise) or was otherwise aware that the Registrar-General intended to correct the Register, and
(b) had failed to serve on the Registrar-General or give the Registrar-General written notice of an order made by the Supreme Court restraining the action.



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