72. Form and effect of a discharge
Feedback & supportA discharge in the prescribed form may be endorsed on an instrument of mortgage or charge, or may be executed as a separate instrument.
Where the parties intend —
to discharge the whole of the mortgaged or charged land from a specified part of the principal sum or other money thereby secured;
to discharge a part of the mortgaged or charged land from the whole of the principal sum or other money thereby secured; or
to discharge the whole of the mortgaged or charged land from the whole of the principal sum or other money thereby secured, but without discharging the mortgagor or chargor from any personal obligation to pay that money,the prescribed form may be varied or altered accordingly.
A discharge of mortgage or charge shall be registered by endorsing a memorial thereof on the relevant folio of the land-register or other instrument of title to the mortgaged or charged land, whereupon the land is freed from the mortgage or charge and from all rights and powers of the mortgagee or chargee, either absolutely or to any lesser extent as expressed in the discharge.
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;
For the purpose of registration of a discharge executed as a separate instrument, the Registrar may dispense with the production of the duplicate instrument of mortgage or charge.[68
Registrar
“Registrar” means the Registrar of Titles appointed pursuant to this Act.