60. Mortgages affecting appurtenant easements

(Added February 27, 2009)

When a Certificate of Title includes on its face an appurtenant easement for the benefit of the registered land described in the Certificate, a mortgage registered or recorded against the title of the servient estate should not be noted on the Certificate of Title of the dominant estate.

When the title to registered land described in a Certificate of Title is subject to an easement for the benefit of recorded land, a mortgage recorded against the title of the dominant estate should not be noted on the Certificate of Title of the servient estate.

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