REAL PROPERTY ACT 1900 - SECT 13KA
Treatment of instruments affecting land dealt with under section 13K
REAL PROPERTY ACT 1900 - SECT 13KA
Treatment of instruments affecting land dealt with under section 13K
13KA Treatment of instruments affecting land dealt with under section 13K
(1) In this section,
"prescribed instrument" means a mortgage, charge or covenant charge--
(a) that
affects land in respect of which a new folio of the Register is created
pursuant to section 13K, 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 the instrument had been drawn in a form approved by the
Registrar-General.
(2) When a new folio of the Register is created pursuant
to section 13K for land that is affected by a prescribed instrument and the
folio is created 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 to create a folio of the Register for the estate or interest
of a mortgagor, charger or covenant charger.