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StatuteLand Transfer Act 1952

Section 183 — Land Transfer Act 1952: No liability on bona fide purchaser or mortgagee

Text of the provision Official document

183 No liability on bona fide purchaser or mortgagee (1) Nothing in this Act or the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 shall be so interpreted as to render subject to action for recovery of damages, or for possession, or to deprivation of the estate or interest in respect of which he is registered as proprietor, any purchaser or mortgagee bona fide for valuable consideration of land under the provisions of this Act or the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 on the ground that his vendor or mortgagor may have been registered as proprietor through fraud or error, or under any void or voidable instrument, or may have derived from or through a person registered as proprietor through fraud or error, or under any void or voidable instrument, and this whether the fraud or error consists in wrong description of the boundaries or of the parcels of any land, or otherwise howsoever. (2) This section shall be read subject to the provisions of sections 77 and 79 hereof. Compare: 1915 No 35 s 198 Subsection (1) was amended, as from 1 February 1999, by section 43(1) Land Transfer (Automation) Amendment Act 1998 (1998 No 123) by inserting the words “ or the Land Transfer (Automation) Amendment Act 1998 ” . Subsection (1) was amended, as from 1 June 2002, by section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11), by substituting the words “ Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 ” for the words “ Land Transfer (Automation) Amendment Act 1998 ” in both places they occur.

Official source: legislation.govt.nz

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Statutory text from an official public source. Informational content — does not replace advice from a qualified lawyer.