The following Property Disputes Q&A provides comprehensive and up to date legal information covering:
This Q&A assumes that the legal mortgage is otherwise valid and executed correctly, and the only defect is the failure to register.
This question raises the issue of the remedies available in respect of an unregistered mortgage.
The creation of an otherwise valid charge by way of legal mortgage, which is not registered, gives rise to an equitable mortgage. This is the effect where form CH1 is used because it meets the requirement of being made by deed and states that the chargor intends to grant a charge by way of legal mortgage. See Commentary: Equitable mortgage
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Tipping off and prejudicing an investigationIt would undermine the benefit to the authorities if, a suspicious activity report (SAR) having been made, the alleged offender were to be made aware of the interest in their activities so that they could take steps to cover up their misdeeds or disappear.
On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a lease, but this is rare in practice.
Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely solely on the legal title. In the case of registered land, this means the entries entered on the register of title, as it records ownership of the legal
Codicils may be used for making any alteration in a Will such as to alter the executors or make changes in legacies, whether by addition or deletion but that is by no means their only use. As a general rule, substantial changes are best achieved by means of a new Will and codicils are more
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