65. Submortgages
Feedback & supportIn this section, “submortgage” means the mortgage of a mortgage and the mortgage of a charge.
Upon the registration of a submortgage, all acts, powers and rights, which might previously have been done or exercised by the mortgagor or chargor thereunder in relation to the land, may thereafter be done or exercised by the registered proprietor of the submortgage, and shall not be done or exercised by the mortgagor or chargor thereunder during the currency of the submortgage.
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;
A submortgage shall not affect the rights or liabilities of a proprietor of the land who has not been given notice thereof.[61