National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 1 · Powers of leasing, etc.
226. Additional restriction where land or lease subject to prior charge
Feedback & supportWhere any alienated land, lease or sublease is subject to a charge, the proprietor, lessee or sublessee, as the case may be, shall not be capable of granting any lease, sublease or tenancy under this Chapter without the consent of the chargee.
alienated land
“alienated land” means any land (including any parcel of a subdivided building) in respect of which a registered title for the time being subsists, whether final or qualified, whether in perpetuity or for a term of years, and whether granted by the State Authority under this Act or in the exercise of powers conferred by any previous land law, but does not include mining land;
Except where it is contained in the instrument of charge itself, the consent of a chargee to the granting of any lease or sublease shall be signified by his joining therein as indicated in
Form 15a or 15b, as the case may be, and his consent to the granting of any tenancy shall be given in writing, signed by him or his lawfully authorized agent.
Form
“Form”, followed by a number and letter, means the form in the First Schedule identified by that number and letter;
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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;