Queensland Consolidated Acts

LAND TITLE ACT 1994 - SECT 188

188 Compensation for deprivation of lot or interest in lot

(1) This section applies if a person (the
"claimant" ) is deprived of a lot, or an interest in a lot, because of—

(a) the fraud of another person; or

(b) the incorrect creation of an indefeasible title in the name of another person; or

(c) incorrect registration; or

(d) an error in an indefeasible title or in the freehold land register; or

(e) tampering with the freehold land register; or

(f) loss, destruction or improper use of a document deposited or lodged at the land registry or held by the land registry for safe custody; or

(g) an omission, mistake, breach of duty, negligence or misfeasance—

(i) of or by the registrar or a public service employee of the department performing a function or carrying out a duty under this Act; or

(ii) of or by the titles registry operator or an employee of the operator in relation to the performance of a titles registry function under the Queensland Future Fund (Titles Registry) Act 2021 ; or

(h) the exercise by the registrar of a power in relation to an application or dealing with which the person had no connection.

(2) The claimant is entitled to compensation from the State for the deprivation.