Q&As

Do you need a deed of release as well as a DS1 to release a legal charge over land?

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Produced in partnership with James Hall of Hardwicke Chambers
Published on LexisPSL on 19/12/2017

The following Banking & Finance Q&A Produced in partnership with James Hall of Hardwicke Chambers provides comprehensive and up to date legal information covering:

  • Do you need a deed of release as well as a DS1 to release a legal charge over land?

Generally speaking, a deed of release is not necessary in addition to a form DS1 in order to release a charge registered at HM Land Registry.

In the case of a legal mortgage of unregistered land, or a mortgage under the system of mortgage by demise (abolished by the Law of Property Act 1925 (LPA 1925)), a formal release by the mortgagee (effected by reconveyance, surrender or by receipt indorsed on the mortgage itself, depending on the way in which and to whom the mortgage was granted) is desirable and is sometimes necessary. Further discussion of discharge of legal mortgages of unregistered land is outside the scope of this article, and reference should be made to eg The nature of the right of redemption: Fisher and Lightwood’s Law of Mortgage [47.1]–[49].

However, in the case of registered land (with which this question must only be concerned, as a form DS1 relates only to registered land) a registered legal charge is released once the registered chargeholder (or its agent) has filed one of the Land Registry’s discharge forms and the Land Registry has processed it. These are:

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