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Section 171: Time limits for lawsuits over land loss

171.Limitation of actions

(1)No action for recovery of damages sustained through deprivation of land or of any estate or interest in land shall lie or be sustained against the Government or against the person upon whose application that land was brought under the operation of this Act or against the person who applied to be registered as proprietor in respect to the land, unless the action is commenced within six years from the date of the deprivation; except that any person being under the disability of coverture, (except in the case of a married woman entitled to bring the action), infancy, mental illness, may bring the action within six years from the date on which the disability has ceased, so, however, that the action is brought within thirty years next after the date of the deprivation.

(2)The plaintiff in any such action at whatever time it is brought, and the plaintiff in any action for the recovery of land, shall have judgment entered against him or her in any case in which the deprivation complained of has been occasioned through the bringing of land under the operation of this Act if it is made to appear to the satisfaction of the High Court on the trial of the action that the plaintiff or the persons through or under whom he or she claims title had notice by personal service or otherwise or was aware that application had been made to bring the land under the operation of this Act, and had willfully or collusively or negligently omitted to lodge a caveat forbidding that or had allowed the caveat to lapse.

Plain English Summary

You have a limited time to bring a court case if you lose land or an interest in land. If the loss happened because land was registered under this Act...

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
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