Land Titles Act 1993 · 2020 Revised Edition · Part 8 · Mortgages and Charges
71. Submortgages
Feedback & supportIn this section, “submortgage” means the mortgage of a mortgage and the mortgage of a charge.
Upon the registration of a submortgage, all acts, powers and rights which might previously have been done or exercised by the mortgagor or chargor thereunder in relation to the land may thereafter be done or exercised by the registered proprietor of the submortgage, and must not be done or exercised by the mortgagor or chargor thereunder during the currency of the submortgage.
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;
A submortgage does not affect the rights or liabilities of a proprietor of the land who has not been given notice thereof.
proprietor
“proprietor” means any person who appears from the land‑register to be the person entitled to an estate or interest in any land which has been brought under the provisions of this Act, and includes a mortgagee, chargee and lessee;