§ 91 — Surrender of leases

91.—(1) A lease of registered land may be surrendered —(a)

by an instrument of surrender in the approved form; or

(b)

by operation of law.

(2) A surrender must be registered by the entry of a memorial on the relevant folio.

(3) 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.

(4) 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.

(5) 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.[8/2014]

—(1) A lease of registered land may be surrendered —(a)

by an instrument of surrender in the approved form; or

(b)

by operation of law.

(2) A surrender must be registered by the entry of a memorial on the relevant folio.

(3) 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.

(4) 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.

(5) 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.[8/2014]