National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 1 · Creation of charges, and general provisions relating thereto
246. Tacking of further advances
Feedback & supportNotwithstanding any other provision of this Act, any chargee may, in the circumstances specified in paragraph (2)(a)
or (b), make further advances (including, where appropriate, advances consisting of the giving of additional credit) to rank in priority to any subsequent charge of the same land or lease.
The said circumstances are—
where the making of the advance or advances in question is expressly authorized by the prior charge, or the purpose of that charge is to secure the balance from time to time due to the chargee under any current or continuing account; or
where the advance or advances in question are made with the consent of the person entitled to the benefit of the subsequent charge.
For the purposes of paragraph (2)(b), any advance made by a chargee at any time before he is notified in writing of the registration of a subsequent charge shall be deemed to have been made with the consent of the person entitled to the benefit of that charge.
Except as provided by this section, the right to tack shall not apply to any charge.
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National Land Code 399
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;