15. Tacking of further advances

Terms defined in s 2

• land

  land

  Defined · s 2

  “land” means —(a)the surface of any defined parcel of the earth, so much of the subterranean space below the surface 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 use and enjoyment of the proprietor, 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 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;

  Open s 2
• prior mortgage

  prior mortgage

  Defined · s 2

  “prior mortgage” includes a prior charge or assignment which has been either secured by a mortgage or protected by a caveat lodged with and accepted by the Registrar as being in order for registration;

  Open s 2
• prior mortgagee

  prior mortgagee

  Defined · s 2

  “prior mortgagee” includes a prior chargee or assignee in whose favour an estate or interest in respect of land was mortgaged, charged or assigned by way of mortgage;

  Open s 2
• subsequent mortgagee

  subsequent mortgagee

  Defined · s 2

  “subsequent mortgagee” includes a subsequent chargee or assignee in whose favour an estate or interest in respect of land was mortgaged, charged or assigned by way of mortgage;

  Open s 2