REAL PROPERTY ACT 1900 - SECT 13F
Treatment of instruments not in approved form
REAL PROPERTY ACT 1900 - SECT 13F
Treatment of instruments not in approved form
13F Treatment of instruments not in approved form
(1) In this section,
"prescribed instrument" means a mortgage, charge or covenant charge--
(a) that
affects land not subject to the provisions of this Act, and
(b) that has been
registered in the General Register of Deeds kept pursuant to Division 1 of
Part 23 of the Conveyancing Act 1919 or, in the case of a covenant charge, in
the Register of Causes, Writs and Orders kept pursuant to that Act, and
(c)
the existence of which is disclosed in the records of land tenures or holdings
kept by the Department, the Department of Industry or the Water Administration
Ministerial Corporation, and
(d) that, in the opinion of the
Registrar-General, could have been registered under the provisions of this Act
as a mortgage, charge or covenant charge if, at the time of its execution, the
land it affects had been subject to the provisions of this Act and the
instrument had been drawn in a form approved by the Registrar-General.
(2)
When land to which this Part applies and which is affected by a
prescribed instrument is brought under the provisions of this Act by the
creation of a folio of the Register for the estate or interest of a person
other than the mortgagee, chargee or covenant chargee entitled under the
instrument--
(a) the Registrar-General may record the instrument in the
Register in such manner as the Registrar-General considers appropriate, and
(b) the mortgagee, chargee or covenant chargee, as the case may be, named in
the recording is to be taken to be registered under the provisions of this Act
as proprietor of a mortgage, charge or covenant charge registered under this
Act in respect of the land, and
(c) a person who, by the operation of
paragraph (b), is to be taken to be a registered proprietor of a mortgage,
charge or covenant charge is entitled to exercise the same rights, powers and
remedies as if the mortgage, charge or covenant charge had been drawn in the
approved form and registered in the manner provided by this Act.
(3) Nothing
in this section requires the Registrar-General, when bringing land under the
provisions of this Act, to create a folio of the Register for the estate or
interest of a mortgagor, charger or covenant charger.