National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 4 · Conversion of qualified title into final title
216. Additional provisions with respect to lands transferred subject to leases, charges, etc.
Feedback & supportWhere, by virtue of subsection 215(3), any land is transferred subject to any lease, charge or tenancy exempt from registration—
land
“land” includes— (a) that surface of the earth and all substances forming that surface; (b) the earth below the surface and all substances therein; (c) all vegetation and other natural products, whether or not requiring the periodical application of labour to their production, and whether on or below the surface; (d) all things attached to the earth or permanently fastened to anything attached to the earth, whether on or below the surface; and (e) land covered by water;
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
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).
The terms of the said agreement shall be as follows:
that the transferee will, so long as the land continues vested in him, duly perform and observe the said provisions;
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