Section 204 — Land Transfer Act 1952: When interests excepted from guarantee extinguished

204 When interests excepted from guarantee extinguished (1) After the expiration of 12 years from the date of the first certificate of title limited as to title for any land,— (a) Any claim, estate, or interest upon or in any such land existing before that date and not evidenced by the certificate of title of the land or by a memorial endorsed thereon, including the claim of any caveator under section 205 , shall, except the estate or interest of a person in actual possession of and rightfully entitled to land, and the estate or interest or claim of a person in adverse possession of land, and except as provided in section 62 of this Act, be barred and extinguished: (b) No action for the recovery of damages from the Crown shall lie in respect of any claim, estate, or interest referred to in the last preceding paragraph: (c) No person who is deprived of any such land, or of any estate or interest in any such land, through the bringing of the same under this Act by virtue of this Part of this Act shall be entitled to bring an action against the Crown for recovery of damages: (d) Every such certificate of title, or any certificate of title issued in substitution therefor or for any part of the land comprised therein, shall be deemed to be no longer limited as to title, and the Registrar may, unless the certificate of title is limited also as to parcels, issue an ordinary certificate of title for that land, or may constitute the limited certificate of title an ordinary certificate of title, and it shall thereupon take effect in all respects as an ordinary certificate of title. (2) The foregoing provisions of this section shall not operate so as to extend any period after the expiration of which any such claim or action would have been barred, or any such estate or interest would have been extinguished, by virtue of any other Act or law. Compare: 1924 No 32 s 21; 1930 No 6 s 53; 1931 No 5 s 25 Subsection (1)(a) was amended, as from 26 August 2002, by section 65(2) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11) by substituting the words “ under section 205 ” for the words “ in Form Q in Schedule 2 to this Act ” . See clause 2 Land Transfer (Computer Registers And Electronic Lodgement) Amendment Act Commencement Order 2002 (SR 2002/216).