§ 87 — Form and registration of leases

87.—(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.

—(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.