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TRANSFER OF LAND ACT 1893 - SECT 211

TRANSFER OF LAND ACT 1893 - SECT 211

211 .         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 State or against the person upon whose application such land was brought under the operation of this Act or against the person who applied to be registered as proprietor in respect to such land unless such action shall be commenced within the period of 6 years from the date of such deprivation.

        (2)         Despite subsection (1), any person being under the disability of infancy or unsoundness of mind may bring such action within 6 years from the date on which such disability shall have ceased so however that such action be brought within 30 years next after the date of such deprivation.

        (3)         The plaintiff in any such action at whatever time it may be brought and the plaintiff in any action for the recovery of land shall be nonsuited in any case in which the deprivation complained of may have been occasioned through the bringing of land under the operation of this Act if it shall be made to appear to the satisfaction of the judge before whom such action shall be tried that such plaintiff or the persons through or under whom he claims title had notice by personal service or otherwise or was aware that application had been made to bring such land under the operation of this Act and had wilfully or collusively or negligently omitted to lodge a caveat forbidding the same or had allowed such caveat to lapse.

        [Section 211 amended: No. 17 of 1950 s. 59; No. 73 of 1954 s. 5; No. 81 of 1996 s. 129; No. 19 of 2010 s. 51.]