§ 154 — Actions for recovery of land

154.—(1) No action of ejectment or other action for the recovery of registered land lies or may be sustained against the proprietor thereof except in the case of —(a)

a mortgagee against a mortgagor in default;

(b)

a chargee against a chargor in default;

(c)

a lessor against a lessee in default;

(d)

a person deprived of land by fraud against the person who has become registered as proprietor of the land by fraud, or against any person claiming through that proprietor otherwise than as a purchaser; or

(e)

a re-entry or forfeiture upon breach of a covenant or condition contained or implied in a State title.[8/2014]

(2) In any action under this section, the court may make such order for the cancellation of any folio or of any entry therein, or for the recovery of possession of the land, as the circumstances of the case may require.

(3) In any action based on fraudulent deprivation, the court may make an order for payment of damages either in addition to or in substitution for an order for the recovery of land.

(4) On making an order under this section, the court is to have regard to any improvements which may have been made to the land subsequently to the deprivation, and to the conduct of the parties, and may, if it sees fit, put the successful party on terms of paying compensation.

(5) For the purposes of this section, any unlawful acquisition of land, whether by a person purporting to act under statutory authority or otherwise, is deemed to be fraudulent.

—(1) No action of ejectment or other action for the recovery of registered land lies or may be sustained against the proprietor thereof except in the case of —(a)

a mortgagee against a mortgagor in default;

(b)

a chargee against a chargor in default;

(c)

a lessor against a lessee in default;

(d)

a person deprived of land by fraud against the person who has become registered as proprietor of the land by fraud, or against any person claiming through that proprietor otherwise than as a purchaser; or

(e)

a re-entry or forfeiture upon breach of a covenant or condition contained or implied in a State title.[8/2014]

(2) In any action under this section, the court may make such order for the cancellation of any folio or of any entry therein, or for the recovery of possession of the land, as the circumstances of the case may require.

(3) In any action based on fraudulent deprivation, the court may make an order for payment of damages either in addition to or in substitution for an order for the recovery of land.

(4) On making an order under this section, the court is to have regard to any improvements which may have been made to the land subsequently to the deprivation, and to the conduct of the parties, and may, if it sees fit, put the successful party on terms of paying compensation.

(5) For the purposes of this section, any unlawful acquisition of land, whether by a person purporting to act under statutory authority or otherwise, is deemed to be fraudulent.