OpenLegislation

Paragraph 3

Compensation shall not be payable—

F1(a)

where the claimant has himself or by his agent caused or substantially contributed to the loss by his act or omission; or

(aa)

where the claimant himself or by his agent contributed to the loss by his fraudulent act or fraudulent omission; or

(ab)

where the claimant derives title (otherwise than under a registered disposition taken by him in good faith and for valuable consideration) from a person to whom sub-paragraph (a) or (aa) applies; or

(ac)

where the error or omission which gave rise to the loss was occasioned by an error in or omission from an assent or transfer in the prescribed form on the correctness of which the Registrar is required to rely in pursuance of paragraph 6A of Schedule 4 or Land Registry Rules;

(b)

by reason of a purchaser acquiring any interest under a registered disposition from a body corporate referred to in section 58 free from any such incumbrances as are mentioned in that section which are not registered or protected as required by that section.

Annotations

Textual amendments

F1

1992 NI 7

Notes on the whole Act

Textual amendments

F1

Words in preamble of Act substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59(5), 148(1), Sch. 11 para. 6; S.I. 2009/1604, art. 2(d)