§ 80 — Tacking of further advances

80.—(1) Despite any other provision of this Act, a prior mortgagee of registered land has the right to make further advances or give further credit or accommodation to rank in priority to subsequent mortgages —(a)

if the prior mortgage expressly authorises the making of further advances, or the giving of credit in instalments or on a current, revolving or continuing account or other accommodation; or

(b)

where the prior mortgage does not expressly authorise the making of such further advances, or the giving of credit in instalments or on a current, revolving or continuing account or other accommodation, if the subsequent mortgagee agrees to such further advances being made or credit or other accommodation being given.

(2) Except as provided in this section, the right to tack does not apply to mortgages of registered land.

(3) In this section —“prior mortgage” includes a prior charge or a prior assignment which has been either secured by a mortgage or protected by a caveat registered or notified on the land‑register, as the case may be;

“prior mortgagee” includes a prior chargee or a prior assignee in whose favour an estate or interest in respect of registered land was mortgaged, charged or assigned by way of mortgage, being a mortgage or charge which is registered or notified on the land‑register or claimed under a caveat;

“subsequent mortgage” includes a subsequent charge or a subsequent assignment which has been either secured by a mortgage or protected by a caveat registered or notified on the land‑register, as the case may be; and

“subsequent mortgagee” includes a subsequent chargee or a subsequent assignee in whose favour an estate or interest in respect of registered land was mortgaged, charged or assigned by way of mortgage, being a mortgage or charge which is registered or notified on the land‑register or claimed under a caveat.

—(1) Despite any other provision of this Act, a prior mortgagee of registered land has the right to make further advances or give further credit or accommodation to rank in priority to subsequent mortgages —(a)

if the prior mortgage expressly authorises the making of further advances, or the giving of credit in instalments or on a current, revolving or continuing account or other accommodation; or

(b)

where the prior mortgage does not expressly authorise the making of such further advances, or the giving of credit in instalments or on a current, revolving or continuing account or other accommodation, if the subsequent mortgagee agrees to such further advances being made or credit or other accommodation being given.

(2) Except as provided in this section, the right to tack does not apply to mortgages of registered land.

(3) In this section —“prior mortgage” includes a prior charge or a prior assignment which has been either secured by a mortgage or protected by a caveat registered or notified on the land‑register, as the case may be;

“prior mortgagee” includes a prior chargee or a prior assignee in whose favour an estate or interest in respect of registered land was mortgaged, charged or assigned by way of mortgage, being a mortgage or charge which is registered or notified on the land‑register or claimed under a caveat;

“subsequent mortgage” includes a subsequent charge or a subsequent assignment which has been either secured by a mortgage or protected by a caveat registered or notified on the land‑register, as the case may be; and

“subsequent mortgagee” includes a subsequent chargee or a subsequent assignee in whose favour an estate or interest in respect of registered land was mortgaged, charged or assigned by way of mortgage, being a mortgage or charge which is registered or notified on the land‑register or claimed under a caveat.