(1)  Subject to section 42 , a person deprived of land or of any estate or interest in land –

(a) in consequence of fraud;

(b) through the bringing of that land under this Act;

(c) by the registration of another person as proprietor of that land, estate, or interest; or

(d) in consequence of any error, omission, or misdescription in the Register –

may bring an action for the recovery of damages.

(2)  An action referred to in subsection (1) shall –

(a) in any case in which the land has been included in 2 or more grants, be brought against such person as the Governor may appoint as nominal defendant; or

(b) in any other case, subject to the provisions of subsections (3) , (4) , (5) , (6) , (7) , and (8) , be brought against the person –

(i) on whose application that land was brought under this Act;

(ii) on whose application the erroneous registration was made; or

(iii) who acquired title to the estate or interest in question through fraud, error, omission, or misdescription.

(3)  Where a person is deprived of land because it is brought under this Act pursuant to Division 3 of Part III and the title registered on the bringing of the land under this Act is not a qualified title subject to a general caution, the person who is first registered as proprietor of the land shall be regarded as the person on whose application the land was brought under this Act.

(4)  Where a person is deprived of land by the cancellation of a caution pursuant to section 21 (6) , the person who is the registered proprietor of the land at the time the caution is cancelled shall be regarded as the person on whose application the land was brought under this Act.

(5)  Where a person is deprived of land by the lapsing of a caution pursuant to section 25 , that person shall be deemed to have been deprived of land through the bringing of land under this Act, and the person who is the registered proprietor at the time the caution lapses shall be regarded as the person on whose application the land was brought under this Act.

(6)  In every case in which the fraud, error, omission, or misdescription occurs upon a transfer for value, the transferor receiving the consideration shall be regarded as the person on whose application the certificate of title, if any, was issued to the transferee.

(7)  Subject to section 127 , except in the case of fraud or of error occasioned by an omission, misrepresentation, or misdescription in the person’s application or an instrument executed by the person, the person on whose application the land was brought under this Act or the erroneous registration was made, shall, on the transfer of the land in good faith for value, cease to be liable for the payment of any damages which might have been recovered from the person under this section.

(8)  In a case where a person referred to in subsection (7)  –

(a) ceases to be liable for the payment of damages as provided in that subsection;

(b) is dead or bankrupt; or

(c) cannot be found –

the damages referred to in that subsection, with costs of action, may be recovered out of the assurance fund by action against the Recorder as nominal defendant.

(9)  In estimating damages referred to in subsection (7) , the value of all buildings and other improvements erected or made subsequent to the deprivation shall be excluded unless they were erected or made in good faith by the claimant or by some person through whom the claimant claims before the claimant or that person, as the case may be, was aware of any defect in the title to the land.

(10)  For the purposes of this section, a person who, but for the fraud or other act of any of the persons mentioned in subsection (2) , might have been possessed of any land, estate, or interest, or have been registered proprietor of any land, estate, or interest, shall be deemed to have been deprived of the land, estate, or interest.