LAWS 205 - compensation.

Front

What are the two requirements that must be met in order to recive compensation under the LTA, s59?

Back

The owner of an estate or interest in land must have been deprived and barred from bringing a claim.

Front

How can the original registered owner be deprived of an estate or interest in land?

Back

If the original registered owner loses his title to the estate or interest in land, or gets a mortgage placed on his title, then he has been deprived.

Front

How can the original registered owner be barred from bringing a claim?

Back

If the title is transferred to an oblivious registered owner, then that registered owner has an indefeasible title, and the original registered owner is barred from bringing a claim, as the new registered owners title is safe.

Front

Can volunteers apply for compensation under the LTA 2017?

Back

Yes.

Front

What does s66 of the LTA state?

Back

S66 of the LTA states that if the victim made any refurbishments to the property, after they knew (or should have known) of their lost/ encumbered title, the cost of those improvements will not be compensated for, unless those refurbishments were required for maintenance, or ordered by the court. 

Front

What does s67 of the LTA state?

Back

s67 of the LTA states that if the victim received a benefit, when losing his title/ encumbering a mortgage on it, then the amount of money that the benefit was worth, will be considered when the court is deciding the amount of compensation payable to the victim.  

Front

What does s69 of the LTA state?

Back

S69 of the LTA states that if the victim themselves were fraudulent during the fraudulent transfer, or if the entire fraudulent transfer occurred due to the victim's own negligence in signing documents without any legal advice, then they will not be eligible for compensation. Even if the victim's negligence, only partly contributed to the fraudulent transfer, the amount that that negligence contributed can be deducted from the overall compensation that the victim is eligible for.  

Front

What does s64 of the LTA state?

Back

S64 of the LTA states that the amount of compensation recoverable is dependent on the value of the estate/ interest in land. You cannot recover more than what the original property was worth. This applies to mortgagees as well, as they cannot recover any interest on the mortgage and their compensation caps at how much money was owed to them.