Land Titles Act 1993 · 2020 Revised Edition · Part 9 · Leases
91. Surrender of leases
Feedback & supportLast amended by an amending law of 2014.
A lease of registered land may be surrendered —
registered land
“registered land” means land which has been brought under the provisions of this Act by being included in a folio;
by an instrument of surrender in the approved form; or
by operation of law.
A surrender must be registered by the entry of a memorial on the relevant folio.
folio
“folio” means a folio of the land‑register, whether qualified or unqualified as to title;
Registration of the surrender (whether consequent upon merger or otherwise) of a lease which is subject to a sublease does not extinguish the sublease, but the Registrar must enter a memorial of registration of the sublease on the relevant folio, and the estate evidenced by that folio is, to the extent and for the purpose of preserving such incidents and obligations as would otherwise have subsisted, deemed to be the reversion expectant on the sublease.
An instrument of surrender must be executed by the lessee and by any mortgagee or chargee of the term and must be accepted by the proprietor and by any mortgagee or chargee of the reversion.
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;
A proprietor seeking registration of a surrender by operation of law has to apply to the Registrar in the approved form and must support the application by such evidence as the Registrar may reasonably require.
proprietor
“proprietor” means any person who appears from the land‑register to be the person entitled to an estate or interest in any land which has been brought under the provisions of this Act, and includes a mortgagee, chargee and lessee;