Taking security over land
Taking security over land

The following Banking & Finance practice note provides comprehensive and up to date legal information covering:

  • Taking security over land
  • Scope of this Practice Note
  • Taking security over land—what is secured?
  • Relevant types of security in relation to land
  • Mortgage
  • Charge
  • Creating a legal mortgage over land
  • Registered land (freehold or leasehold)
  • Unregistered land
  • Legal mortgage of land—what is a charge by deed expressed to be by way of legal mortgage?
  • More...

Coronavirus (COVID-19): Transaction planning will need to take into account the impact of coronavirus (COVID-19) on execution of documents and company filing and administration procedures. For further information, see Practice Notes:

  1. Coronavirus (COVID-19)—implications for lending transactions—Coronavirus (COVID-19)—impact on deal execution?

  1. Coronavirus (COVID-19)—implications for property—HM Land Registry—impact of coronavirus, and

  2. Coronavirus (COVID-19)—implications for real estate finance transactions

It is advisable to check the status of operational status of all registries mentioned below, and, where possible to use online filing services.

In addition, the content of this Practice Note is affected by the Companies etc (Filing Requirements) (Temporary Modifications) Regulations 2020, SI 2020/645 (the Regulations), temporarily extend some deadlines for filing documents or notices with Companies House. In so far as it may affect the content below, the Regulations extend the period for filing charges under section 859A of Companies Act 2006 (CA 2006) from 21 days to 31 days beginning with the day after the date of creation of the charge—Companies House guidance issued on 1 July 2020 states that this applies to charges created on or after 6 June 2020. The temporary extension does not apply to periods for registration extended by an order of the court under CA 2006, s 859F. The Regulations came into force on 27 June 2020 and expire on 5 April 2021.

Scope of this Practice Note

Land (or real property) is commonly

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