COMPENSATION

The compensation provisions of the Land Transfer Act 1952 still apply. They have not been amended in any way. Section 172 provides:

Any person-
(a) Who sustains loss or damage through any omission, mistake, or misfeasance in the performance of any duty imposed under this Act on the Registrar or an employee of the Chief Executive of the Department; or
(b) Who is deprived of any land, or of any estate or interest in land, through the bringing of the land under the Land Transfer Acts, or by the registration of any other person as proprietor of that land, or by any error, omission, or misdescription in any certificate of title, or in any entry or memorial in the register, or has sustained any loss or damage by the wrongful inclusion of land in any certificate as aforesaid, and who by this Act is barred from bringing an action for possession or other action for the recovery of that land, estate, or interest-

may bring an action against the Crown for recovery of damages.

The Registrar will still pay compensation when liability is accepted under this section.

Guaranteed searches will still be issued pursuant to section 172A. Again, if liability is established then the Registrar will pay compensation.

Section 175 is also relevant. The Registrar has always had the ability to recover compensation that has been paid out when the requirements of section 175 have been met. The implementation of Landonline makes the responsibilities of practitioners much clearer. Responsibilities that were previously covered by signing correct are now much more clearly identified. The Registrar will be examining the roles and responsibilities of conveyancers carefully when claims arise under Landonline. If it seems that a conveyancer may be responsible, either wholly or in part, for a claim for which compensation has been paid, the Registrar will seriously examine whether to pursue recovery from the conveyancer concerned.