Where the mortgagee is in possession of land he can sue a third person in trespass1, and, after entry, his right of possession relates back to the time when his right to possession accrued, so as to enable him to maintain a claim for trespass committed by a stranger before his entry. This is so whether the mortgagee has a legal estate or not2.
**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