On 21/05/2013,
you requested for the version in force on 21/05/2013
incorporating all amendments published on or before 21/05/2013.
The closest version currently available is that of 28/03/2013.
78.
—(1) The parties may agree to the discharge of —
(a)
the whole of the mortgaged or charged land from a specified part of the principal sum or other money thereby secured;
(b)
a part of the mortgaged or charged land from the whole of the principal sum or other money thereby secured; or
(c)
the whole of the mortgaged or charged land from the whole of the principal sum or other money thereby secured, but without discharging the mortgagor or chargor from any personal obligation to pay that money.
(2) A discharge of mortgage or charge in an approved form shall be registered by entering a memorial thereof on the relevant folio whereupon the land shall be freed from the mortgage or charge and from all rights and powers of the mortgagee or chargee, either absolutely or to any lesser extent as expressed in the discharge.
(3) Where a discharge was executed as a separate instrument in respect of a mortgage registered prior to 1st March 1994, the Registrar shall dispense with the production of the duplicate of the relevant mortgage.
[25/2001]