Australian Capital Territory Consolidated Acts

LAND TITLES (UNIT TITLES) ACT 1970 - SECT 8

    (1)     If, immediately before the registration of a units plan, a person was the registered proprietor of a mortgage of the lease of the parcel, the person is taken to be, on the registration of the units plan, the registered proprietor of a mortgage of the lease of each unit, as if—

        (a)     on the date when the memorandum creating the firstmentioned mortgage was executed, the mortgagor had been the lessee of all the units and that memorandum had been executed by the mortgagor accordingly; and

        (b)     the firstmentioned mortgage had been a mortgage of all the leases of the units and not of the lease of the parcel.

    (2)     If, immediately before the registration of a units plan, a person was the registered proprietor of an easement over part of the parcel, the person is taken to be, on the registration of the units plan, the registered proprietor of an easement over so much of the land comprised in the common property and each unit as was affected by the firstmentioned easement, as if—

        (a)     on the date when the memorandum creating the firstmentioned easement was executed, the lessee of the parcel on that date had been the lessee of the common property and the unit or units and that memorandum had been executed by the lessee accordingly; and

        (b)     the firstmentioned easement had been an easement over the common property or the unit or units and not over that part of the parcel.

    (3)     On and after the registration of a units plan, a memorandum of mortgage mentioned in subsection (1), a memorandum of easement mentioned in subsection (2) and any other document relating to the lease of the parcel, or to such a mortgage or easement, are taken to be modified to the extent necessary to give effect to those subsections.