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In This Volume

  • 30 Until it is discharged, a mortgage by a purchaser or subpurchaser of his or her interest under an agreement for sale of land or subagreement for sale of land charges the present and future interest in land acquired by him or her under the agreement or subagreement, unless otherwise expressly provided in the mortgage.

1979-340-26.

PRACTICE

Special Words of Enlargement or Enlargement Document Not Required

The registrar does not require special words of enlargement in the mortgage, or a separate enlargement document. The mortgage automatically enlarges when the purchaser or subpurchaser acquires the interest of their vendor, unless the mortgage stipulates to the contrary.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

See “Special Land Mortgages” in Mortgages—1991 (CLEBC, 1991) regarding mortgages of rights to purchase.