80. Surrender of leases
Feedback & supportA lease of registered land may be surrendered —
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;
by an instrument of surrender in the prescribed form; or
by operation of law.
A surrender shall be registered by endorsement of a memorial on the folio of the land-register or any instrument of title for the reversion.
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;
Registration of the surrender (whether consequent upon merger or otherwise) of a lease which is subject to a sublease does not extinguish the sublease, but the Registrar shall endorse a memorial of registration of the sublease on the folio of the land-register or other instrument of title for the reversion on which he registers the surrender, and the estate evidenced by that folio or other instrument shall, to the extent and for the purpose of preserving such incidents and obligations as would otherwise have subsisted, be deemed to be the reversion expectant on the sublease.
Registrar
“Registrar” means the Registrar of Titles appointed pursuant to this Act.
An instrument of surrender shall be executed by the lessee and by any mortgagee or chargee of the term and shall be accepted by the proprietor and by any mortgagee or chargee of the reversion.
A proprietor seeking registration of a surrender by operation of law shall apply in writing to the Registrar, and shall support his application by such evidence as the Registrar may reasonably require.[76