Section 117 — Land Transfer Act 1952: Bringing down encumbrances on registration of new lease

117 Bringing down encumbrances on registration of new lease (1) Where upon the registration of a lease— (a) The Registrar is satisfied that— (i) It is in renewal of or in substitution for a lease previously registered; and (ii) The lessee is the person registered as the proprietor of the prior lease at the time of the registration of the new lease or at the time of the expiry or surrender of the prior lease, whichever is the earlier, or the personal representative of that person; and (b) The lessee or the registered proprietor of any encumbrance or lien or interest to which the prior lease was subject at the time of its expiry or surrender or the personal representative of the registered proprietor so requests,— the Registrar shall state in the memorial of the new lease that it is in renewal of the prior lease or in substitution for the prior lease, as the case may be. (2) In every such case the new lease shall be deemed to be subject to all encumbrances, liens, and interests to which the prior lease is subject at the time of the registration of the new lease or at the time of the expiry or surrender of the prior lease, whichever is the earlier. (3) For the purposes of the foregoing provisions of this section, all references in any Act or in any agreement, deed, instrument, notice, or other document whatsoever to the prior lease or to the estate of the lessee thereunder shall, unless inconsistent with the context or with the provisions of this section, be deemed to be references to the new lease or to the estate of the lessee thereunder, as the case may be. (4) Upon the registration of a new lease in any case to which subsection (1) of this section applies, the Registrar shall record on the new lease all encumbrances, liens, and interests to which it is deemed to be subject as aforesaid in the order of their registered priority. (5) The provisions of this section are in addition to and not in derogation of the provisions of section 114 of the Land Act 1948 , section 25 of the Rural Banking and Finance Act 1974 and section 26 of the Housing Corporation Act 1974 , and any other enactment. The original section 117 was amended, as from 30 September 1959, Land Transfer Amendment Act 1959 (1959 No 29). Section 117 was substituted, as from 23 October 1963, by section 25(1) Land Transfer Amendment Act 1963 (1963 No 61). In subsection (5), section 25 of the Rural Banking and Finance Act 1974 and section 26 of the Housing Corporation Act 1974, being the corresponding enactments in force at this time, have been substituted for section 36 of the repealed State Advances Corporation Act 1936.