168 Actions against Registrar
RSA 2000
(a) who sustains loss or damage through an omission, mistake
or misfeasance of the Registrar or an official in the
Registrar's office in the execution of the Registrar's or
official's duties, or
(b) who is deprived of any land or encumbrance or of an estate
or interest in any land or encumbrance
(i) through the bringing of it under this Act,
(ii) by the registration of another person as owner of the lan d
or encumbrance, or
(iii) by an error, omission or misdescription in a certificate of
title,
and who by this Act is barred from bringing an action for
the recovery of the land or encumbrance or interest in the
land or encumbrance,
may bring an action against the Registrar for the recovery of
damages.
(2) Subject to subsections (3) and (4), a person who has sustained
loss or damage through the registration of an instrument or caveat
in contravention of section 14.1(4) may bring an action against the
Registrar for recovery of damages, unless the registration is made
in accordance with the regulations referred to in section 14.1(5).
(3) Subsection (2) does not apply in respect of a caveat registered
in accordance with section 151(2).
(4) No action lies against the Registrar in respect of any loss or
damage sustained through a person's reliance on a description of an
instrument or caveat entered in the pending registration queue
unless the loss or damage was caused by an act or omission of the
Registrar or an employee of the Registrar.
RSA 2000 cL-4 s168;2006 c21 s17;2020 c39 s7(15)