Section 118A — Land Transfer Act 1952: Bringing down encumbrances when lessee acquires fee simple

118A Bringing down encumbrances when lessee acquires fee simple (1) Where the registered lessee under a lease of any land (not being a lease under the Land Act 1948 or any former Land Act) acquires the fee simple estate in that land, the Registrar, upon the registration of the memorandum of transfer of the fee simple estate to that lessee or his personal representative, and upon the request so to do by the transferee endorsed on or attached to the memorandum of transfer at the time of its registration, shall record on the title to the fee simple estate, in the order among themselves of their registered priority, all the registered encumbrances, liens, and interests to which the lease was subject at the time of registration of that memorandum of transfer or at the time of expiry of the term of the lease, whichever is the earlier; and thereupon the fee simple estate shall be subject to those encumbrances, liens and interests. (2) Notwithstanding anything in section 37 hereof, any registered encumbrances, liens, and interests to which the fee simple estate is subject at the time of registration of the transfer shall have priority over those to which the estate is subject under subsection (1) of this section. (3) Where the Registrar considers it expedient so to do, he may make such entries on his register and on the duplicate certificate of title as he considers necessary to evidence any such priorities. (4) Encumbrances, liens, and interests recorded on the title to the fee simple estate in any land pursuant to subsection (1) of this section shall, when so recorded, no longer have effect to prevent the merger of the leasehold estate in the fee simple estate in respect of that land. Section 118A was inserted, as from 25 October 1960, by section 2 Land Transfer Amendment Act 1960 (1960 No 69). Subsection (1) was amended, as from 23 October 1963, by section 26 Land Transfer Amendment Act 1963 (1963 No 61) by substituting the words “ Where the registered lessee under a lease of any land (not being a lease under the Land Act 1948 or any former Land Act) acquires the fee simple estate in that land ” for the words “ Where the registered lessee of any land acquires the fee simple estate in that land pursuant to a right or obligation to purchase contained in his lease (not being a lease under the Land Act 1948 or any former Land Act) ” .