Section 151 of the Principal Act is amended as follows:

(a) by omitting paragraph (d) from subsection (1) and substituting the following paragraphs:

(d) occasioned by the inclusion of land with other land in the same folio of the Register through misdescription of boundaries or parcels; or

(e) arising from any failure of the Recorder to include an interest in a folio if the interest was not revealed in a search of title relating to the relevant period provided by section 35 of the Conveyancing and Law of Property Act 1884 .

(b) by inserting the following subsection after subsection (3) :

(4)  Notwithstanding paragraph (e) of subsection (1) , the assurance fund is liable for compensation for loss, damage or deprivation arising from any failure of the Recorder to include an interest in a folio if the interest was not revealed in a search of title relating to the relevant period referred to in that paragraph where the land was subject to this Act when the person obtained the interest in the land and where –

(a) the interest would not have come to the notice of that person if, at the time he or she acquired that interest, he or she as a prudent purchaser had inspected the land; or

(b) at the time compensation is claimed –

(i) the interest, if it is an easement, could not be removed by the Recorder on an application by the registered proprietor under section 108 ; or

(ii) in any other case, it could not be removed by the appropriate tribunal on an application by the registered proprietor under section 84C of the Conveyancing and Law of Property Act 1884