The appointment of a receiver at the instance of a subsequent incumbrancer is without prejudice to the rights of prior incumbrancers1. Therefore, if a prior mortgagee whose existence is known is not in possession, the appointment is made subject to his right to take possession2, and, accordingly, the first mortgagee can take possession without the permission of the court3, although formerly it was considered that permission was required4, and application for permission was usually made5. Permission is, however, necessary where there has been no
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and millions of others like it, sign-in to LexisLibrary or register for a free trial.
EXISTING USER? SIGN IN
TAKE A FREE TRIAL
0330 161 1234