396. Tacking.

Tacking is the process by which a lender makes a further advance to the borrower and claims priority for repayment of both the original loan and the further advance over intervening lenders whose mortgages were created after the first loan but before the further advance1.

Registered charges are to be taken to rank as between themselves in the order shown in the register2. However, this general rule is affected by a provision contained in the Land Registration Act 2002, 3under which a chargee can make a further advance ranking in priority to a subsequent charge:

  1.  

    (1)     if he has not