Old system mortgage recorded on a folio of the Register

The Registrar General is authorised to record on a folio of the Register the particulars of all subsisting estates or interests affecting the land, see section 32(1)(c) Real Property Act 1900. An Old System mortgage carried forward as a subsisting interest after the registration of a Conversion Action or Primary Application, i.e. "Bk ... No. Mortgage To ..." has the same status as a Real Property Act mortgage. See section 39A Real Property Act 1900.

All subsequent dealings with the mortgage must be drawn on the appropriate Real Property Act dealing forms

Where a common law mortgage has been recorded in a folio of the Register created pursuant to a Primary Application or an action under Part 4A of the Real Property Act 1900, the discharge of mortgage should be made on the appropriate form.

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Publication Date: June 2025