Land Titles Act 1993 · 2020 Revised Edition · Part 8 · Mortgages and Charges
69. Application of Conveyancing and Law of Property Act 1886
Feedback & supportThe provisions of Part 4 of the Conveyancing and Law of Property Act 1886 apply, with the necessary modifications, to mortgages and charges registered under the provisions of this Act.
In every mortgage of registered land (unless a contrary intention is expressed), there is deemed to be included the covenant and proviso implied by section 31 of the Conveyancing and Law of Property Act 1886.
registered land
“registered land” means land which has been brought under the provisions of this Act by being included in a folio;
For the purposes of this section, and without in any way limiting its generality, unless the context or subject matter otherwise indicates or requires, where used in the Conveyancing and Law of Property Act 1886 —
“conveyance” includes an instrument of transfer of registered land;
instrument
“instrument” includes a transfer, lease, mortgage, transmission application, charge and any other application, or any other document in writing relating to any disposition, devolution or acquisition of land or any claim to or vesting of interest in land;
“deed” includes any instrument registered under this Act;
“mortgage” includes a mortgage or a charge registered under this Act, and “mortgagor” and “mortgagee” have corresponding meanings;
“reconveyance” includes a discharge in the approved form.
approved form
“approved form” means any form approved by the Registrar for the purposes of any of the provisions of this Act and includes an electronic form produced by making an electronic copy, image or reproduction of a written instrument;
To the extent to which any provision of the Conveyancing and Law of Property Act 1886 is inconsistent with any provision of this Act, the provisions of this Act prevail.