Northern Territory Consolidated Acts Northern Territory Consolidated Acts11. Effect of cancellation of units plan on interests
(1) If, immediately before the registration of an order for the cancellation of a units plan, a person was the registered proprietor of a mortgage of a unit, that person shall be deemed to be, on the registration of the order, the registered proprietor of a mortgage of the share in the estate, or a mortgage of the whole estate, as the case may be (which share or estate is in this subsection called the interest ) vested by section 96(1)(d) of the Unit Titles Act in the person who was the proprietor of the unit as if:
(a) on the date on which the memorandum creating the first-mentioned mortgage was executed, the mortgagor had been the registered proprietor of the interest so vested and that memorandum had been executed by him accordingly; and
(b) the first-mentioned mortgage had been a mortgage of the interest so vested and not of the unit.
(2) If, immediately before the registration of an order for the cancellation of a units plan, a person was the registered proprietor of an easement over portion of the common property or of a unit or units, he shall be deemed to be, on the registration of the order, the registered proprietor of an easement over so much of the land comprised in the units plan as was affected by the first-mentioned easement, as if:
(a) on the date on which the memorandum creating the first-mentioned easement was executed the proprietor of the common property and the proprietor or proprietors of that unit or units had been the registered proprietors or proprietor of the estate referred to in section 96(1)(d) of the Unit Titles Act , and that memorandum had been executed by them or him accordingly; and
(b) the first-mentioned easement had been an easement over that land and not over that portion of the common property or of the unit or units.
(3) If, immediately before the registration of an order for the cancellation of a units plan a unit was a dominant tenement in relation to an easement by force of section 8(3), on the registration of the order the whole of the land comprised in the parcel shall be the dominant tenement in relation to that easement.
(4) On and after the registration of the order for the cancellation of the units plan, the memorandum of mortgage referred to in subsection (1) and the memorandum of easement referred to in subsections (2) and (3) and any instrument or other document relating to the relevant unit or units or of the common property or to that mortgage or easement shall be deemed to be modified in such a manner as is necessary to give effect to subsections (1), (2) and (3).