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Section 164: When Government is not liable for land loss

164.Government not liable in certain cases

The Government shall not in any circumstances be liable for compensation for any loss, damage or deprivation occasioned by the breach by a proprietor of any trust, whether express, implied or constructive; nor in any case in which the same land has been included in two or more grants or final mailo certificates; nor in any case in which the loss or deprivation has been occasioned by any land being included in the same certificate of title with other land through misdescription of boundaries or parcels of any land unless in the case last aforesaid it is proved that the person liable for compensation and damages is dead or has absconded or has been adjudged bankrupt or is unable to pay the full amount awarded in any action for recovery of such compensation and damages; but—

(a)any amount paid by the Government on account of any person who has absconded may be recovered from that person at any time thereafter; and

(b)the Government shall be liable for such amounts only as cannot be recovered from the person liable as aforesaid.

Plain English Summary

You cannot always claim compensation from the government for land losses. The government is not liable for losses caused by a landowner breaking a tru...

AI-generated, for reference only.

🔍Search Tips
  • • Search by keyword: "land", "tax", "arrest"
  • • Use exact phrases: "land commission"
  • • Enter citations: 45, 45(3)(a), 45:3:a
  • • Press / to search, Esc to close

Searching within Registration of Titles Act. Faster results.