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Land Title Act 2000
71Surrendering lease
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71 Surrendering 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.
(2A) In addition, if a registered lease (the surrendered lease) has been
wholly or partly surrendered by operation of law, the
Registrar-General 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.
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(3) If an instrument of surrender is lodged, the Registrar-General must:
(a) register the instrument; and
(b) record the date of surrender specified in the instrument in the
(4) The interest of the lessee in a registered lease vests in the lessor
on registering the instrument of surrender.
(5) The Registrar-General may make an entry in the land register of the
surrender of a lease on receiving an application in the prescribed
form from the lessor and the lessor producing any evidence that the
Registrar-General may require that the lessee has abandoned his
or her occupation of the land comprised in the lease.
(6) This section does not apply to a surrender or disclaimer under a law
about bankruptcy.