Land Titles Act 1993 · 2020 Revised Edition · Part 8 · Mortgages and Charges
83. Mortgagee to execute transfer
Feedback & supportWhere the mortgagee of a mortgage to which this Division applies has exercised the mortgagee’s power of sale, the mortgagee must execute a transfer in the approved form for the purpose of transferring all the estate and interest in the land to the purchaser.
Despite the provisions of the Registration of Deeds Act 1988, a conveyance of any land executed by a mortgagee of a mortgage to which this Division applies must not be registered under that Act.
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;