South Australian Numbered Acts

STATUTES AMENDMENT (REAL PROPERTY) ACT 2008 (NO 12 OF 2008) - SECT 49

49—Insertion of section 144

After section 143 insert:

144—Partial discharge of mortgage or encumbrance on grant of easement

Where—

            (a)         an easement is granted over land that is subject to a mortgage or an encumbrance; and

            (b)         the mortgagee or encumbrancee has endorsed his or her consent to the easement on the instrument granting the easement,

the mortgage or encumbrance is partially discharged so that it is subject to the easement.