77(1)Where an indemnity is paid in respect of damage resulting from loss of an estate or interest in or encumbrance upon the land, the amount so paid shall not exceed the fair market value of the estate, interest or encumbrance
(a)
at the time when the error or omission that caused the damage was made, where the title register is not rectified; or
(b)
immediately before the time of rectification, where the title register is rectified.
77(2)Notwithstanding subsection (1), the amount of the indemnity to be paid shall include the value of buildings and other improvements erected or made subsequent to the error or omission if erected or made in good faith by the claimant or his predecessor in title before being aware of any damage.
77(1)Where an indemnity is paid in respect of damage resulting from loss of an estate or interest in or encumbrance upon the land, the amount so paid shall not exceed the fair market value of the estate, interest or encumbrance
(a)
at the time when the error or omission that caused the damage was made, where the title register is not rectified; or
(b)
immediately before the time of rectification, where the title register is rectified.
77(2)Notwithstanding subsection (1), the amount of the indemnity to be paid shall include the value of buildings and other improvements erected or made subsequent to the error or omission if erected or made in good faith by the claimant or his predecessor in title before being aware of any damage.