Singapore legislation

Clause 89

of Land Titles Bill

Clause 89

Leases of mortgaged land

(1)

A lease of registered land which is subject to a mortgage shall not bind the mortgagee unless —

(a)

the lease is expressly or impliedly authorised, either by the mortgage or by law; or

(b)

the mortgagee consents to the lease.

(2)

This section shall not entitle a mortgagee to refuse to produce the instrument of title (if in his custody) to enable a lease by the mortgagor to be registered, but the production by a mortgagee of the instrument shall not imply a consent to the lease.

(3)

When evidence is furnished to the Registrar that a mortgagee has consented to a lease by the mortgagor, the Registrar shall refer to that consent in the memorial of registration of the lease.

(4)

This section shall, mutatis mutandis, apply to leases executed by chargors of registered land.

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