A power of attorney for the mortgagee to convey the property in the mortgagor's name may be included in the equitable mortgage as an alternative or in addition to the declaration of trust1. The mortgagor irrevocably2 appoints the mortgagee and the persons deriving title under him the attorney or attorneys of the mortgagor and the persons deriving title under him in his or their name and on his or their behalf to vest the legal estate in the mortgaged property in any purchaser or other person in exercise of the statutory powers
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What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in some way:•the effect of rescinding a contract is to extinguish it and restore the parties to their pre-contractual positions•the main grounds of
BREXIT: UK is leaving EU on Exit Day (as defined in the European Union (Withdrawal) Act 2018). This has an impact on this Practice Note. For further guidance on the impact of Brexit on e-money requirements, see Practice Note: Impact of Brexit: Payment services and electronic money directives—quick
There are two kinds of burden:•the legal burden, and•the evidential burdenThe legal burdenA party has the legal (sometimes called ‘the persuasive’) burden where the onus is on that party to prove a fact or issue in a case to the required standard of proof.The legal burden is generally on the
This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be claimed.Claims for use and occupationA claim for use and occupation is possible where there is occupation of land without an express agreement fixing the
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