§ 89 — Leases of mortgaged land

89.—(1) A lease of registered land which is subject to a mortgage does not bind the mortgagee unless —(a)

the lease is expressly or impliedly authorised, either by the mortgage or by law; or

(b)

the mortgagee consents to the lease.

(2) This section does not entitle a mortgagee to refuse to produce the document of title (if in the mortgagee’s custody) to enable a lease by the mortgagor to be registered, but the production by a mortgagee of the document of title does not imply a consent to the lease.[8/2014]

(3) When evidence is furnished to the Registrar that a mortgagee has consented to a lease by the mortgagor, the Registrar must refer to that consent in the memorial of registration of the lease.

(4) This section applies, with the necessary modifications, to leases executed by chargors of registered land.

—(1) A lease of registered land which is subject to a mortgage does not bind the mortgagee unless —(a)

the lease is expressly or impliedly authorised, either by the mortgage or by law; or

(b)

the mortgagee consents to the lease.

(2) This section does not entitle a mortgagee to refuse to produce the document of title (if in the mortgagee’s custody) to enable a lease by the mortgagor to be registered, but the production by a mortgagee of the document of title does not imply a consent to the lease.[8/2014]

(3) When evidence is furnished to the Registrar that a mortgagee has consented to a lease by the mortgagor, the Registrar must refer to that consent in the memorial of registration of the lease.

(4) This section applies, with the necessary modifications, to leases executed by chargors of registered land.