282. Mortgagee's constructive notice of the rights of persons in occupation of land.

A mortgagee will have constructive notice of any existing1 non-registrable rights reasonably discoverable from inspection of the property and, in particular, from inquiry of any occupier as to his interest and the terms on which he holds it2. It is not sufficient to make inquiry solely of the vendor3. The mortgagee should ask a tenant in occupation for a copy of his tenancy agreement, but is not obliged to make further inquiry and is entitled to assume that the document represents the agreement between tenant and mortgagor4. Inquiry should be made of the spouse of the vendor if in