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In force2020 Revised Edition

Part 9 · Leases

87. Form and registration of leases

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(1)

Registered land may be leased for any term of years exceeding 7 years by an instrument of lease in the approved form.

(2)

The Registrar must not register any lease unless —

(a)

the term is expressed to exceed 7 years;

(b)

the date of commencement of the term and its maximum duration are certain; and

(c)

the lease purports to confer on the lessee exclusive possession of land.

(3)

For the purposes of this section —

(a)

the fact that the term of a lease may be extended pursuant to an option must be taken into consideration in determining whether the term of the lease exceeds 7 years; and

(b)

the fact that a lease for a specified period of time is determinable on the happening of an event within that time must not be taken into consideration in determining the term of the lease.

(4)

A lease is not unregistrable by reason only of the fact that the possession of the lessee is expressed to be non-continuous.

(5)

Nothing in this Part affects the law relating to tenancies for terms of 7 years or less.

Report

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

Miscellaneous

Schedules