78. Leases of mortgaged land
Feedback & supportA lease of registered land which is subject to a mortgage is not binding on the mortgagee unless —
registered land
“registered land” means land which has been brought under the provisions of this Act by being included in a folio of the land-register;
the lease is expressly or impliedly authorised, either by the mortgage or by law; or
the mortgagee consents to the lease.
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.
duplicate
“duplicate”, in relation to the land-register, includes any authorised form of duplication or reproduction;
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.
Registrar
“Registrar” means the Registrar of Titles appointed pursuant to this Act.
This section applies, mutatis mutandis, to leases by chargors of registered land.[74