Section 43: Transfers of wife’s mortgage
consolidated text (as at 2017, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
43. Transfers of wife’s mortgage
(1) No transfer or renunciation by a wife of her legal mortgage shall be
valid unless it is embodied in authentic deed.
(2) A person, in whose favour a transfer is made under subsection (1),
shall only be vested with the mortgage as regards third parties from—
(a) the date of the inscription of the deed witnessing the transfer or
renunciation; or
(b) in the case of a subrogation, the date on which an entry in
respect of the subrogation is made in the margin of the register
where the legal mortgage is inscribed.
(3) No renunciation of a legal mortgage shall be inscribed except where
the renunciation constitutes a subrogation.
(4) Where a legal mortgage is on different days transferred to more than
one person, the rights of those persons to the mortgage shall be determined
by the dates of those inscriptions or entries.
44. – 45. —