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In force2020 Revised Edition

Part 7 · Transfers

64. Transfers of land subject to mortgage or charge

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(1)

On 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 —

(a)

pay the moneys and to perform the obligations secured by the mortgage or charge;

(b)

perform and observe the covenants and provisions thereof; and

(c)

indemnify and keep harmless the mortgagor or chargor in respect of those moneys, obligations, covenants and provisions.

(2)

The covenant implied by this section may be negatived by an express statement in the transfer.

Report

Part 8

Mortgages and Charges

Part 9

Leases

Part 10

Easements

Part 11

Transmissions

Part 12

Caveats

Part 13

Enforcement Orders and Orders of Court

Part 14

Restrictive Covenants

Part 15

Statutory Acquisition and Sale

Part 16

Powers of Attorney

Part 17

Rights and Remedies

Part 18

Searches and Certified Copies

Part 19

Miscellaneous

Schedules