66. Custody of instruments of title
Feedback & supportA first mortgagee shall, as between himself and the mortgagor, be entitled to custody of the instruments of title to the mortgaged land so long as any liability under the mortgage subsists, but upon a request by the mortgagor, and upon payment of his proper costs and expenses, the mortgagee shall produce such instruments at the Land Titles Registry to allow the registration of any subsequent mortgage, or of any other authorised dealing by the mortgagor.[62
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;