New South Wales Consolidated Acts

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REAL PROPERTY ACT 1900 - SECT 45

Bona fide purchasers and mortgagees protected in relation to fraudulent and other transactions

45 Bona fide purchasers and mortgagees protected in relation to fraudulent and other transactions

(1) 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.
(2) 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.
(3) Subsection (2) applies whether the fraud or error consists of a misdescription of the land or its boundaries or otherwise.



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