National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 3 · Remedies of chargees: Sale
266. Right of chargor to tender payment at any time before sale
Feedback & supportAny chargor against whom an order for sale has been made under this Chapter may, at any time before the conclusion of the sale, tender the amounts specified in subsection (2) to the
Registrar of the Court or, as the case may be, Land Administrator
Registrar
“Registrar” means— (a) in relation to land held or to be held under Registry title, or under the form of qualified title corresponding to Registry title, or under subsidiary title dependent on a Registry title, a Registrar of Titles or Deputy Registrar of Titles appointed under section 12; (b) in relation to land held or to be held under Land Office title, or under the form of qualified title corresponding thereto, or under subsidiary title dependent on a Land Office title, the Land Administrator;
(or, if the tender is made on the day fixed for the sale, to the officer having the direction thereof), and the order shall thereupon cease to have effect.
The amounts referred to in subsection (1) are—
the amount shown in the order as due to the chargee at the date on which the order was made;
such further amounts, if any, as have fallen due under the charge between the date of the order and the date of the tender; and
an amount sufficient to cover all expenses incurred in connection with the making, or carrying into effect, of the order.
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Where any order for sale ceases to have effect by virtue of this section, the Registrar of the Court or, as the case may be,
Land Administrator shall give notice thereof to every chargee of the land or lease in question.
Land Administrator
“Land Administrator” means a Land Administrator appointed under section 12, and includes an Assistant Land Administrator appointed thereunder; and, in relation to any land, references to the Land Administrator, or any Assistant Land Administrator, having jurisdiction in the district or subdistrict in which the land is situated;
Statement of payment due 266a. (1) The chargee shall prepare a statement of all payments due in Form 16q, up to the date of the sale by public auction, as follows:
Form
“Form”, followed by a number and letter, means the form in the First Schedule identified by that number and letter;
any rent payable to the State Authority;
any other outgoings payable to the State Authority;
any rate payable to the local authority; and
all expenses incurred in connection with the sale by the
Registrar of the Court or Land Administrator, as the case may be.
The chargor and the Registrar of the Court or the Land
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;
Administrator, as the case may be, shall be notified in Form 16q of the payments due under subsection (1) on or after the date of the sale by public auction.