38Tacking and further advances

### 38 Tacking and further advances > > (1)  After the commencement of this Act, a prior mortgagee shall have a right to make further advances to rank in priority to subsequent mortgages (whether legal or equitable) – > > > > > > (a) if an arrangement has been made to that effect with the subsequent mortgagees; > > > > > > > (b) if he had no notice of such subsequent mortgages at the time when the further advance was made by him; or > > > > > > > (c) whether or not he had such notice as aforesaid, where the mortgage imposes an obligation on him to make such further advances – > > > > whether or not the prior mortgage was made expressly for securing further advances. > > > (2)  Where the prior mortgage was made expressly for securing a current account or other further advances, a mortgagee in relation to the making of further advances shall not be deemed to have notice of a mortgage merely by reason that it was registered, if it was not registered at the date of the original advance or when the last search, if any, by or on behalf of the mortgagee was made, whichever last happened. > > > (3)  Save in regard to the making of further advances as aforesaid, the right to tack is hereby abolished; but this provision shall not affect any priority in respect of further advances made without notice of a subsequent incumbrance or by arrangement with the subsequent incumbrancer.