13FTreatment of instruments not in approved form

#### 13F Treatment of instruments not in approved form 13F Treatment of instruments not in approved form > > (1) In this section, prescribed instrument means a mortgage, charge or covenant charge— > > > > > (a) that affects land not subject to the provisions of this Act, and > > > > > (b) that has been registered in the General Register of Deeds kept pursuant to Division 1 of Part 23 of the [Conveyancing Act 1919](/view/html/inforce/current/act-1919-006) or, in the case of a covenant charge, in the Register of Causes, Writs and Orders kept pursuant to that Act, and > > > > > (c) the existence of which is disclosed in the records of land tenures or holdings kept by the Department, the Department of Industry or the Water Administration Ministerial Corporation, and > > > > > (d) that, in the opinion of the Registrar-General, could have been registered under the provisions of this Act as a mortgage, charge or covenant charge if, at the time of its execution, the land it affects had been subject to the provisions of this Act and the instrument had been drawn in a form approved by the Registrar-General. > > > (2) When land to which this Part applies and which is affected by a prescribed instrument is brought under the provisions of this Act by the creation of a folio of the Register for the estate or interest of a person other than the mortgagee, chargee or covenant chargee entitled under the instrument— > > > > > (a) the Registrar-General may record the instrument in the Register in such manner as the Registrar-General considers appropriate, and > > > > > (b) the mortgagee, chargee or covenant chargee, as the case may be, named in the recording is to be taken to be registered under the provisions of this Act as proprietor of a mortgage, charge or covenant charge registered under this Act in respect of the land, and > > > > > (c) a person who, by the operation of paragraph (b), is to be taken to be a registered proprietor of a mortgage, charge or covenant charge is entitled to exercise the same rights, powers and remedies as if the mortgage, charge or covenant charge had been drawn in the approved form and registered in the manner provided by this Act. > > > (3) Nothing in this section requires the Registrar-General, when bringing land under the provisions of this Act, to create a folio of the Register for the estate or interest of a mortgagor, charger or covenant charger. > > **s 13F:** Ins 1980 No 193, Sch 1 (3). Am 1986 No 71, Sch 1 (2); 1986 No 205, Sch 2; 1988 No 92, Sch 26; 1990 No 41, Sch 1 (1). Subst 1990 No 41, Sch 2 (1). Am 2010 No 59, Sch 2.81 \[2\] \[3\]; 2017 No 17, Sch 4.82 \[3\]; 2017 No 22, Sch 4.38 \[2\].