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In force2020 Revised Edition

Part 8 · Mortgages and Charges

78. Discharge of mortgages and charges

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(1)

The parties may agree to the discharge of —

(a)

the whole of the mortgaged or charged land from a specified part of the principal sum or other money thereby secured;

(b)

a part of the mortgaged or charged land from the whole of the principal sum or other money thereby secured; or

(c)

the whole of the mortgaged or charged land from the whole of the principal sum or other money thereby secured, but without discharging the mortgagor or chargor from any personal obligation to pay that money.

(2)

A discharge of mortgage or charge in an approved form must be registered by entering a memorial thereof on the relevant folio whereupon the land is freed from the mortgage or charge and from all rights and powers of the mortgagee or chargee, either absolutely or to any lesser extent as expressed in the discharge.

(3)

Where a discharge was executed as a separate instrument in respect of a mortgage registered prior to 1 March 1994, the Registrar shall dispense with the production of the duplicate of the relevant mortgage.

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

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