National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 2 · Implied provisions
250. Agreements by chargor implied in absence of contrary intention
Feedback & supportIn every charge created under this Act, the following agreements on the part of the chargor shall be implied in the absence of any express provision to the contrary:
that he will keep in repair all buildings on the land thereby charged or, where it is a lease that is charged, any building or part of a building comprised in, or forming the subject matter of, the lease;
in repair
“in repair”, in relation to any building or part of a building, means in such state of repair as that in which a prudent owner might reasonably be expected to keep his property;
that he will keep every such building or part insured to its full value against loss or damage by fire, in the joint names of himself and the chargee, and with insurers approved by the latter;
that he will permit the chargee or his agent, at all convenient times and after giving reasonable notice
(being, in the case of country land, not less than two clear days’ notice)—
country land
“country land” has the meaning assigned thereto by subsection 51(2);
to enter, and inspect the state of repair of, any such building or part; or 268
National Land Code 401
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;
to enter, and inspect the state of maintenance or cultivation of, the charged land or, as the case may be, the land comprised in the charged lease; and
that in the event of his failing to comply with any of the provisions thereof, express or implied, other than the agreement specified in paragraph 249(1)(a)—
the chargee may (without prejudice to any other remedy available to him under this Act)
take such action as is necessary to remedy the breach; and
breach
“breach”, in relation to any condition, covenant or agreement, includes any default in the observance thereof;
the costs properly incurred by the chargee in that behalf shall, if demanded in writing and not sooner paid, be added to, and deemed for all the purposes of this Act to form part of, the first payment due under the charge after the date of the demand.