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In force2020 Revised Edition

Part 8 · Mortgages and Charges

68. Form and effect of mortgages and charges

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(1)

Registered land may be mortgaged to secure payment of a debt by an instrument of mortgage in the approved form.

(2)

Registered land may be charged to secure payment of a rentcharge, annuity or other periodical sum, or of any money other than a debt, by an instrument of charge in the approved form.

(3)

A mortgage does not operate as a transfer of the land mortgaged, but has effect as a security only.

(4)

There may be included in an instrument of charge such covenants or provisions as the parties think fit for disposing of the moneys which may arise on the exercise by the chargee of the chargee’s power of sale, either by setting aside the proceeds of sale or part thereof on investment to meet future periodical payments, or by payment to the chargee of such proceeds or part thereof being the estimated capital value of the chargee’s interest, or otherwise.

Report

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