Q&As

If a charge over a property has been noted on the title by way of unilateral notice or agreed notice, will it have priority over future mortgages and charges?

read titleRead full title
Produced in partnership with Richard Hanke of 3 Verulam Buildings (3VB)
Published on LexisPSL on 13/10/2016

The following Banking & Finance Q&A produced in partnership with Richard Hanke of 3 Verulam Buildings (3VB) provides comprehensive and up to date legal information covering:

  • If a charge over a property has been noted on the title by way of unilateral notice or agreed notice, will it have priority over future mortgages and charges?

If a charge over a property has been noted on the title by way of unilateral notice or agreed notice, will it have priority over future mortgages and charges?

In summary, if a valid charge is registered against the title to a property only by way of a unilateral notice or agreed notice, the notice will be effective to protect the priority of that charge against any subsequently registered dispositions, including later legal and equitable mortgages and charges.

The key principle underlying the Land Registration Act 2002 (LRA 2002) is that the register of title provides a complete and accurate record of the state of the title to land at any time. For information on registration of legal mortgages at HM Land Registry, see Practice Note: Perfecting security over land—Registration at HM Land Registry—registered land. Sections 28–30 of the LRA 2002 provide that upon registration a disposition has the effect of postponing all prior interests that are not protected.

Related documents:

Popular documents