Skip to content
In forceUpdated to 15 Oct 2020
Contents

Chapter 4 · Conversion of qualified title into final title

216. Additional provisions with respect to lands transferred subject to leases, charges, etc.

Feedback & support
(1)

Where, by virtue of subsection 215(3), any land is transferred subject to any lease, charge or tenancy exempt from registration—

(a)

every provision, express or implied, of the lease, charge or tenancy shall, so long as the land continues vested in the transferee, be enforceable by or against him as if he were a party thereto; and

(b)

unless the instrument of transfer otherwise provides, there shall be implied on the part of the transferee, and in favour of the transferor, an agreement with respect to those provisions in the terms set out in subsection (2).

(2)

The terms of the said agreement shall be as follows:

(a)

that the transferee will, so long as the land continues vested in him, duly perform and observe the said provisions;

(b)

that the transferee will indemnify the transferor against all claims arising in respect thereof after the transfer takes effect, and all expenses properly incurred by the transferor in connection with any such claim.

249

National Land Code 377

Transfers of Undivided Shares

Report

Chapter 1

Powers of leasing, etc.

Chapter 2

Express and implied provisions

Chapter 3

Forfeiture

Chapter 4

Determination of leases and tenancies

Chapter 1

Creation of charges, and general provisions relating thereto

Chapter 2

Implied provisions

Chapter 3

Remedies of chargees: Sale

Chapter 4

Remedies of chargees: Possession

Chapter 5

Discharge

Chapter 6

Liens

Chapter 1

Creation

Chapter 2

Release, extinguishment and cancellation

Chapter 1

Presentation of instruments for registration

Chapter 2

Procedure generally

Chapter 3

Determination of fitness for registration

Chapter 4

Manner of registration

Chapter 5

Powers of Attorney

Chapter 6

Cancellation of registration

Chapter 7

Endorsement of exempt tenancies

Chapter 1

Caveats

Chapter 2

Prohibitory orders

Chapter 1

Co-proprietorship

Chapter 2

Trusts

Chapter 2

Deposited plans

Schedules