The following Property Disputes practice note provides comprehensive and up to date legal information covering:
This Practice Note covers the rights and responsibilities of a mortgagee in possession.
A legal mortgagee has a right to possession of the property. However, this can be limited by contract or statute (eg section 36 of the Administration of Justice Act 1970).
The mortgagee is entitled to possession without notice or demand, and usually without a court order.
Where there is no court order, possession:
does not require physical occupation of the land, but
does require the mortgagee to have taken over the management of the prop
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BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance on
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
An ad hoc arbitration is any arbitration in which the parties have not selected an institution to administer the arbitration. This offers parties flexibility as to the conduct of the arbitration, but less external support for the process. It can be quicker than institutional arbitration but not if
What is a third party debt order (TPDO)?Third party debt orders were previously known as 'garnishee' orders and operated under the regime provided for in CCR Ord 30 and RSC Ord 49 (now revoked). Although the rules in CPR 72 are new, many of the principles with which they are concerned are well
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