A person entitled to a charge over or an interest in property who has, knowingly or unknowingly, allowed or encouraged a subsequent incumbrancer to assume to his detriment that his security has priority may be estopped from asserting priority if it would be unconscionable for him to do so1. Thus a mortgagee will be postponed if he has returned the deeds to, or left them with, the mortgagor for the purposes of enabling the mortgagor to raise money on them, notwithstanding that the limit which he has assigned for the loan has been exceeded
**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