sec.9AEffect of registration of leasehold building units plan

### sec.9A Effect of registration of leasehold building units plan On registration of a leasehold building units plan— where, immediately before registration of the leasehold building units plan, the whole of the parcel was subject to a lease or leases registered under the Land Title Act 1994 which was or were intended to be wholly or partly replaced by leases of each of the lots and the common property (if any) shown on the leasehold building units plan— the lease or leases first referred to in this paragraph is or are determined in so far as it or they related to lots and common property; and any registered mortgages, estates or interests (including any rates, charges or fees referred to in part 4 , division 7 ) and any caveat which affected the lease or leases wholly or partly determined by subparagraph (i) shall affect those replacement leases in so far as they relate to lots; and all outstanding rights and obligations of the lessee under a lease wholly or partly determined by subparagraph (i) , being rights and obligations existing immediately before the registration of the leasehold building units plan, shall continue to be exercisable, or, as the case may be, shall be discharged by the person who was the lessee under that lease as if that lease had not been wholly or partly determined, except to the extent (if any) that those rights and obligations are inconsistent with the provisions of the replacement leases or extinguished or varied by the relevant parties; and where, immediately before registration of the leasehold building units plan, the parcel was subject to 2 or more leases registered under the Land Title Act 1994 which were intended to subsist after the leasehold building units plan was registered as leases of each of the lots shown on the leasehold building units plan— every lease which was, immediately before the registration of the leasehold building units plan, a lease of a part of the parcel that corresponds to a lot shown on the leasehold building units plan shall become a lease of that lot for the residue of the term of the lease, subject to any registered mortgage, estate or interest (including any rates, charges or fees referred to in part 4 , division 7 ) and any caveat affecting the lease immediately before registration of the leasehold building units plan; and where any part of the parcel comprised in the leasehold building units plan is shown as common property, any lease affecting that part immediately before the registration of the leasehold building units plan is determined in so far as it relates to the common property; and if— the leasehold building units plan was lodged in circumstances mentioned in section 9 (1A) (c) ; and the original leases mentioned in that paragraph were subject to 1 or more mortgages that were expressed to survive the registration of the leasehold building units plan; the mortgage or mortgages continue to have effect over the replacement leases mentioned in that paragraph in so far as they relate to lots after the registration. (new) As soon as practicable after the registration of a leasehold building units plan, the registrar of titles shall— record in the register the leasehold estates of the lessees in lots; and record on the leasehold building units plan, the leasehold estate of the body corporate in the common property (if any); and in the case of replacement leases referred to in subsection (1) (a) —record in the register for the leases of those lots, in such a manner as will preserve their priority of registration, any mortgages, estates or interests or caveats affecting those leases by virtue of subsection (1) (a) (ii) . (new) On registration of a leasehold building units plan, the leasehold building units plan is for the purposes of the Land Title Act 1994 to be taken upon registration to form part of the register. (new) For the purposes of this section, a leasehold building units plan lodged for registration under this Act which is required to be accompanied by a lease to be registered under the Land Title Act 1994 shall be treated as having been registered only when the lease has been registered under that Act. (new) A lessee of a leasehold estate in a lot holds the leasehold estate subject to any estates or interests for the time being notified on the leasehold building units plan and subject to any amendments to lots or common property shown on that leasehold building units plan. (new) (sec.9A-ssec.1) On registration of a leasehold building units plan— where, immediately before registration of the leasehold building units plan, the whole of the parcel was subject to a lease or leases registered under the Land Title Act 1994 which was or were intended to be wholly or partly replaced by leases of each of the lots and the common property (if any) shown on the leasehold building units plan— the lease or leases first referred to in this paragraph is or are determined in so far as it or they related to lots and common property; and any registered mortgages, estates or interests (including any rates, charges or fees referred to in part 4 , division 7 ) and any caveat which affected the lease or leases wholly or partly determined by subparagraph (i) shall affect those replacement leases in so far as they relate to lots; and all outstanding rights and obligations of the lessee under a lease wholly or partly determined by subparagraph (i) , being rights and obligations existing immediately before the registration of the leasehold building units plan, shall continue to be exercisable, or, as the case may be, shall be discharged by the person who was the lessee under that lease as if that lease had not been wholly or partly determined, except to the extent (if any) that those rights and obligations are inconsistent with the provisions of the replacement leases or extinguished or varied by the relevant parties; and where, immediately before registration of the leasehold building units plan, the parcel was subject to 2 or more leases registered under the Land Title Act 1994 which were intended to subsist after the leasehold building units plan was registered as leases of each of the lots shown on the leasehold building units plan— every lease which was, immediately before the registration of the leasehold building units plan, a lease of a part of the parcel that corresponds to a lot shown on the leasehold building units plan shall become a lease of that lot for the residue of the term of the lease, subject to any registered mortgage, estate or interest (including any rates, charges or fees referred to in part 4 , division 7 ) and any caveat affecting the lease immediately before registration of the leasehold building units plan; and where any part of the parcel comprised in the leasehold building units plan is shown as common property, any lease affecting that part immediately before the registration of the leasehold building units plan is determined in so far as it relates to the common property; and if— the leasehold building units plan was lodged in circumstances mentioned in section 9 (1A) (c) ; and the original leases mentioned in that paragraph were subject to 1 or more mortgages that were expressed to survive the registration of the leasehold building units plan; the mortgage or mortgages continue to have effect over the replacement leases mentioned in that paragraph in so far as they relate to lots after the registration. (new) (sec.9A-ssec.2) As soon as practicable after the registration of a leasehold building units plan, the registrar of titles shall— record in the register the leasehold estates of the lessees in lots; and record on the leasehold building units plan, the leasehold estate of the body corporate in the common property (if any); and in the case of replacement leases referred to in subsection (1) (a) —record in the register for the leases of those lots, in such a manner as will preserve their priority of registration, any mortgages, estates or interests or caveats affecting those leases by virtue of subsection (1) (a) (ii) . (new) (sec.9A-ssec.3) On registration of a leasehold building units plan, the leasehold building units plan is for the purposes of the Land Title Act 1994 to be taken upon registration to form part of the register. (new) (sec.9A-ssec.4) For the purposes of this section, a leasehold building units plan lodged for registration under this Act which is required to be accompanied by a lease to be registered under the Land Title Act 1994 shall be treated as having been registered only when the lease has been registered under that Act. (new) (sec.9A-ssec.5) A lessee of a leasehold estate in a lot holds the leasehold estate subject to any estates or interests for the time being notified on the leasehold building units plan and subject to any amendments to lots or common property shown on that leasehold building units plan. (new) - (a) where, immediately before registration of the leasehold building units plan, the whole of the parcel was subject to a lease or leases registered under the Land Title Act 1994 which was or were intended to be wholly or partly replaced by leases of each of the lots and the common property (if any) shown on the leasehold building units plan— (i) the lease or leases first referred to in this paragraph is or are determined in so far as it or they related to lots and common property; and (ii) any registered mortgages, estates or interests (including any rates, charges or fees referred to in part 4 , division 7 ) and any caveat which affected the lease or leases wholly or partly determined by subparagraph (i) shall affect those replacement leases in so far as they relate to lots; and (iii) all outstanding rights and obligations of the lessee under a lease wholly or partly determined by subparagraph (i) , being rights and obligations existing immediately before the registration of the leasehold building units plan, shall continue to be exercisable, or, as the case may be, shall be discharged by the person who was the lessee under that lease as if that lease had not been wholly or partly determined, except to the extent (if any) that those rights and obligations are inconsistent with the provisions of the replacement leases or extinguished or varied by the relevant parties; and - (i) the lease or leases first referred to in this paragraph is or are determined in so far as it or they related to lots and common property; and - (ii) any registered mortgages, estates or interests (including any rates, charges or fees referred to in part 4 , division 7 ) and any caveat which affected the lease or leases wholly or partly determined by subparagraph (i) shall affect those replacement leases in so far as they relate to lots; and - (iii) all outstanding rights and obligations of the lessee under a lease wholly or partly determined by subparagraph (i) , being rights and obligations existing immediately before the registration of the leasehold building units plan, shall continue to be exercisable, or, as the case may be, shall be discharged by the person who was the lessee under that lease as if that lease had not been wholly or partly determined, except to the extent (if any) that those rights and obligations are inconsistent with the provisions of the replacement leases or extinguished or varied by the relevant parties; and - (b) where, immediately before registration of the leasehold building units plan, the parcel was subject to 2 or more leases registered under the Land Title Act 1994 which were intended to subsist after the leasehold building units plan was registered as leases of each of the lots shown on the leasehold building units plan— (i) every lease which was, immediately before the registration of the leasehold building units plan, a lease of a part of the parcel that corresponds to a lot shown on the leasehold building units plan shall become a lease of that lot for the residue of the term of the lease, subject to any registered mortgage, estate or interest (including any rates, charges or fees referred to in part 4 , division 7 ) and any caveat affecting the lease immediately before registration of the leasehold building units plan; and (ii) where any part of the parcel comprised in the leasehold building units plan is shown as common property, any lease affecting that part immediately before the registration of the leasehold building units plan is determined in so far as it relates to the common property; and - (i) every lease which was, immediately before the registration of the leasehold building units plan, a lease of a part of the parcel that corresponds to a lot shown on the leasehold building units plan shall become a lease of that lot for the residue of the term of the lease, subject to any registered mortgage, estate or interest (including any rates, charges or fees referred to in part 4 , division 7 ) and any caveat affecting the lease immediately before registration of the leasehold building units plan; and - (ii) where any part of the parcel comprised in the leasehold building units plan is shown as common property, any lease affecting that part immediately before the registration of the leasehold building units plan is determined in so far as it relates to the common property; and - (c) if— (i) the leasehold building units plan was lodged in circumstances mentioned in section 9 (1A) (c) ; and (ii) the original leases mentioned in that paragraph were subject to 1 or more mortgages that were expressed to survive the registration of the leasehold building units plan; the mortgage or mortgages continue to have effect over the replacement leases mentioned in that paragraph in so far as they relate to lots after the registration. - (i) the leasehold building units plan was lodged in circumstances mentioned in section 9 (1A) (c) ; and - (ii) the original leases mentioned in that paragraph were subject to 1 or more mortgages that were expressed to survive the registration of the leasehold building units plan; - (i) the lease or leases first referred to in this paragraph is or are determined in so far as it or they related to lots and common property; and - (ii) any registered mortgages, estates or interests (including any rates, charges or fees referred to in part 4 , division 7 ) and any caveat which affected the lease or leases wholly or partly determined by subparagraph (i) shall affect those replacement leases in so far as they relate to lots; and - (iii) all outstanding rights and obligations of the lessee under a lease wholly or partly determined by subparagraph (i) , being rights and obligations existing immediately before the registration of the leasehold building units plan, shall continue to be exercisable, or, as the case may be, shall be discharged by the person who was the lessee under that lease as if that lease had not been wholly or partly determined, except to the extent (if any) that those rights and obligations are inconsistent with the provisions of the replacement leases or extinguished or varied by the relevant parties; and - (i) every lease which was, immediately before the registration of the leasehold building units plan, a lease of a part of the parcel that corresponds to a lot shown on the leasehold building units plan shall become a lease of that lot for the residue of the term of the lease, subject to any registered mortgage, estate or interest (including any rates, charges or fees referred to in part 4 , division 7 ) and any caveat affecting the lease immediately before registration of the leasehold building units plan; and - (ii) where any part of the parcel comprised in the leasehold building units plan is shown as common property, any lease affecting that part immediately before the registration of the leasehold building units plan is determined in so far as it relates to the common property; and - (i) the leasehold building units plan was lodged in circumstances mentioned in section 9 (1A) (c) ; and - (ii) the original leases mentioned in that paragraph were subject to 1 or more mortgages that were expressed to survive the registration of the leasehold building units plan; - (a) record in the register the leasehold estates of the lessees in lots; and - (b) record on the leasehold building units plan, the leasehold estate of the body corporate in the common property (if any); and - (c) in the case of replacement leases referred to in subsection (1) (a) —record in the register for the leases of those lots, in such a manner as will preserve their priority of registration, any mortgages, estates or interests or caveats affecting those leases by virtue of subsection (1) (a) (ii) .