Land Titles Act 1993 · 2020 Revised Edition · Part 9 · Leases
86. Application of this Part
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In the interpretation of this Part, unless the context otherwise indicates or requires, “lease” includes a sublease; but nothing in this Part is to be taken to authorise the breach of a covenant against subletting.
Part 3 of the Conveyancing and Law of Property Act 1886 applies, with the necessary modifications, to leases of registered land; but this Part does not apply to leases of land made before that land has been brought under the provisions of this Act except where such leases are to be varied, surrendered or determined under sections 91 and 92.
registered land
“registered land” means land which has been brought under the provisions of this Act by being included in a folio;
Nothing in this Act affects any rule or principle of law relating to the quiet enjoyment of land by a lessee.
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;
Where there are standard terms and conditions applicable to leases, those terms and conditions may be incorporated in a lease by express reference thereto and they will bind the respective lessor and lessee.