Land Titles Act 1993 · 2020 Revised Edition · Part 8 · Mortgages and Charges
78. Discharge of mortgages and charges
Feedback & supportThe parties may agree to the discharge of —
the whole of the mortgaged or charged land from a specified part of the principal sum or other money thereby secured;
a part of the mortgaged or charged land from the whole of the principal sum or other money thereby secured; or
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.
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.
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;
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.
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;