Singapore legislation

Section 78

of Land Titles Act

Section 78

Leases of mortgaged land

(1)

A lease of registered land which is subject to a mortgage is not binding on 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 does not entitle a mortgagee to refuse to produce the duplicate 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 duplicate 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 applies, mutatis mutandis, to leases by chargors of registered land.[74

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