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PERSONAL PROPERTY SECURITIES ACT 2009 - SECT 84 Relationship between security interest in crops and interest in land

PERSONAL PROPERTY SECURITIES ACT 2009 - SECT 84

Relationship between security interest in crops and interest in land

Effect of security interest in crops on lessor or mortgagee of land

  (1)   A security interest in crops does not prejudicially affect the rights of a lessor or mortgagee of land on which the crops are growing if:

  (a)   those rights existed at the time the security interest was created; and

  (b)   the lessor or mortgagee has not consented in writing to the creation of the security interest.

Effect of sale etc. of land on perfected security interest in crops

  (2)   Subject to subsection   (1), a perfected security interest in crops is not prejudicially affected by a subsequent sale, lease or mortgage of, or other encumbrance on, the land on which the crops are growing.