59. Transfers of land subject to mortgage or charge
Feedback & supportOn registration of a transfer of land subject to a mortgage or charge, and whether the transfer is executed by the transferee or not, there shall be implied a covenant by the transferee to pay the moneys and to perform the obligations secured by the mortgage or charge, and to perform and observe the covenants and provisions thereof, and to indemnify and keep harmless the mortgagor or chargor in respect of those moneys, obligations, covenants and provisions.
land
“land” means the surface of any defined parcel of the earth, and all substances thereunder, and so much of the column of air above the surface as is reasonably necessary for the proprietor’s use and enjoyment, and includes any estate or interest in land and all vegetation growing thereon and structures affixed thereto. Subject to any provision to the contrary the proprietorship of land includes natural rights to air, light, water and support and the right of access to any highway on which the land abuts;
The covenant implied by this section may be negatived by an express statement in the transfer.[55