179 Error in mines and minerals
any loss or damage sustained by reason of any error, omission or
misdescription relating to mines and minerals in the register, the
claimant is entitled to recover as liquidated damages
(a) the money actually paid out by the claimant for the intere st
in mines and minerals, or when the claimant is not a
purchaser for value, the money actually paid out by the last
preceding purchaser for value of that interest,
(b) if the claimant fairly and reasonably expended money in the
development of the mines and minerals before their loss to
the claimant and the development enures to the benefit of
the person to whom the mines and minerals are awarded or
restored, the money expended for that development and not
by the claimant otherwise recovered or recoverable, and
(c) the fair appraised value, a t the time the action was brought,
of the mines and minerals lost to the claimant, but damages
awarded under this clause shall not exceed in the aggregate
the sum of $2500 for each hectare of mines and minerals
lost by the claimant.
(2) In the case of a disposition by sale, lease, assignment,
agreement or other instrument executed on or after March 29,
1949, by which the person who purports to be the registered owner
of an interest in mines and minerals disposes of all or any part of
that interest, any party to the disposition and that party's successors
and assigns may apply to the Registrar for a mineral certificate.
(3) The Registrar shall search and examine the register to ascertain
as at the date of the purported disposition the ownership of the
mines and minerals purporting to be dealt with by the disposition
and the Registrar shall issue a mineral certificate in the prescribed
form if the Registrar is satisfied that the purported ownership is
correct.
(4) Notwithstanding subsection (1), no action arising out of a
disposition of an interest in mines and minerals executed on or after
March 29, 1949, lies against the Registrar for any loss or damage
sustained by reason of any error, omission or misdescription in the
RSA 2000
register relating to the interest in mines and minerals, unless the
Registrar has issued in respect of that disposition the mineral
certificate provided for in subsection (3) or has registered the
disposition under subsection (5).
(5) No disposition of an interest in mines and minerals executed on
or after March 29, 1949 shall be registered except by way of a
caveat unless the Registrar is satisfied that the person purporting to
dispose of the interest is the correct registered owner.
(6) Notwithstanding subsection (5), a disposition of the surface of
land including mines and minerals may be registered but in that
case no action lies against the Registrar in respect of the interest in
mines and minerals until the Registrar has issued a mineral
certificate.
RSA 1980 cL-5 s169;1988 c27 s56