South Australian Consolidated Acts

REAL PROPERTY ACT 1886 - SECT 129

129—Contents of mortgage or encumbrance

        (1)         Every such instrument shall, for description of the land intended to be dealt with, refer to the certificate of the land, or shall give such other description as may be necessary to identify the same, and shall contain an accurate statement of the estate or interest intended to be mortgaged or encumbered, and shall also contain or have endorsed thereon a memorandum of all leases, mortgages, and encumbrances (if any) affecting such land.

        (2)         Where, in any such mortgage or encumbrance—

            (a)         the rate of interest, the manner of repayment of the principal sum and interest or any other term that, in the opinion of the Registrar-General, relates to the substance of the transaction is determined by reference to some other document; or

            (b)         the mortgagor or encumbrancer is required to—

                  (i)         build in accordance with any plans and specifications which are in existence at the date of the mortgage or encumbrance; or

                  (ii)         do or refrain from doing any other act or thing by reference to some other document and the requirement is not, in the opinion of the Registrar-General, adequately set forth in the instrument lodged for registration,

the Registrar-General may require that a copy of the plans and specifications or the document concerned be attached to the mortgage or encumbrance or be deposited in the General Registry Office or in any other public registry in the State.