- (ii) which occurred before the date of first registration of the registered long term lease concerned and is discovered (whether in proceedings before any court or otherwise) on or after that date;
- (d) no indemnity shall be payable under subsection (1) in respect of any fraud, mistake or omission in relation to land which is not registered land (including any lease to which the land is subject), and whether or not the fraud, mistake or omission occurred before, on or after the appointed day.
(5) Subject to subsections (2) and (4)(b) and (c) and sections 85 and 87, for the avoidance of doubt, it is hereby declared that where the Title Register is rectified under section 82(1) or (3), the registered owner of the land or the registered lessee of the long term lease who is deprived of the property in consequence of the rectification may make a claim for indemnity.
85. Amount of indemnity
(1) The amount of any indemnity payable under section 84(1) shall not exceed, in respect of each entry referred to in that section in respect of which an indemnity is payable—
- (a) in the case of any such entry obtained, made or omitted by or as the result of fraud on the part of any person—
- (i) the value of the interest in the registered land or registered long term lease concerned on the date on which such entry was obtained, made or omitted; or
- (ii) the amount from time to time determined under subsection (3) for the purposes of this subsection as such amount is in force immediately before the discovery of the fraud,
- whichever is the lesser;
- (b) in any other case, the value of the interest in the registered land or registered long term lease concerned on the date on which the mistake or omission concerned was made.
(2) Where 2 or more persons have ceased to be the owners of registered land or the lessees of a registered long term lease in consequence of—
- (a) an order being made under section 82(1) or (3) for the rectification of the Title Register on the ground of fraud; or
- (b) a fraud referred to in section 84(1),
and, in consequence of that cesser, those persons are entitled to be paid an indemnity under section 84(1), then the total of the indemnity shall not exceed the amount referred to in subsection (1)(a).
