Commentary

23.3 Failure to register charge of unregistered land

COMPANIES vol 10(2) borrowing and debentures
| Commentary

23.3 Failure to register charge of unregistered land

| Commentary

23.3 Failure to register charge of unregistered land

The failure to register a registrable charge as an appropriate land charge does not affect the validity of the transaction as between chargee and chargor. There is, though, a loss of priority against a later purchaser or incumbrancer1. Further, the charge is void as against a purchaser (which includes a mortgagee or lessee) for valuable consideration who takes an interest in land or in a charge on land unless the land charge is registered before completion of the ‘purchase’2. This is so irrespective of whether the ‘purchaser’ had

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