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LAND TITLE ACT 1994 - SECT 69
Surrendering a lease
69 Surrendering a lease
(1) A registered lease may be wholly or partly surrendered by operation of law
or by registering an instrument of surrender of the lease executed by the
lessor and the lessee.
(2) However, a registered lease may be surrendered by
registering an instrument of surrender only with the consent of every
registered mortgagee and registered sublessee of the lessee.
(3) Also, if a
registered lease (the
"surrendered lease" ) has been wholly or partly surrendered by operation of
law, the registrar may register an instrument evidencing the surrender if
satisfied every registered mortgagee and registered sublessee of the lessee
under the surrendered lease has been given written notice of the surrender.
(4) If an instrument of surrender of lease is lodged, the registrar may
register the instrument and record the date of surrender specified in the
instrument in the freehold land register.
(5) On registration of an
instrument of surrender of a registered lease, the interest of the lessee
vests in the lessor.
(6) This section does not apply to a surrender or
disclaimer under a law about bankruptcy.
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