Land Titles Act 1993 · 2020 Revised Edition · Part 7 · Transfers
64. Transfers of land subject to mortgage or charge
Feedback & supportOn the registration of a transfer of land subject to a mortgage or charge, and whether the transfer is executed by the transferee or not, there is implied a covenant by the transferee to —
land
“land” means —(a)the surface of any defined parcel of the earth, so much of the subterranean space below and so much of the column of airspace above the surface whether or not held apart from the surface as is reasonably necessary for the proprietor’s use and enjoyment, and includes any estate or interest therein and all vegetation growing thereon and structures affixed thereto; or(b)any parcel of airspace or any subterranean space whether or not held apart from the surface of the earth and described with certainty by reference to a plan approved by the Chief Surveyor and filed with the Authority, and includes any estate or interest therein and all vegetation growing thereon and structures affixed thereto,and where the context so permits, 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;
pay the moneys and to perform the obligations secured by the mortgage or charge;
perform and observe the covenants and provisions thereof; and
indemnify and keep harmless the mortgagor or chargor in respect of those moneys, obligations, covenants and provisions.
The covenant implied by this section may be negatived by an express statement in the transfer.