Victorian Consolidated Legislation

Transfer of Land Act 1958 - SECT 44

Certificate etc. void for fraud

44. Certificate etc. void for fraud



(1) Any folio of the Register or amendment to the Register procured or made by
fraud shall be void as against any person defrauded or sought to be defrauded
thereby and no party or privy to the fraud shall take any benefit therefrom.

(2) But nothing in this Act shall be so interpreted as to leave subject to an
action of ejectment or for recovery of damages or for deprivation of the
estate or interest in respect of which he is registered as proprietor any bona
fide purchaser for valuable consideration of land on the ground that the
proprietor through or under whom he claims was registered as proprietor
through fraud or error or has derived from or through a person registered as
proprietor through fraud or error; and this whether such fraud or error
consists in wrong description of the boundaries or of the parcels of any land
or otherwise howsoever.

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