Unregistered land—first registration of charges
Unregistered land—first registration of charges

The following Property guidance note provides comprehensive and up to date legal information covering:

  • Unregistered land—first registration of charges
  • Protected legal mortgage
  • First legal mortgage
  • Qualifying estate
  • Registration
  • Extension of time
  • Effect of registration
  • Failure to register

The owner of an unregistered estate (as opposed to a registered estate) can still create a mortgage by demise or sub-demise. However, the mortgage does not qualify for substantive registration at HM Land Registry.

By contrast the grant of a:

  1. protected first legal mortgage, of

  2. qualifying estate

triggers compulsory registration of the estate over which the charge is created at HM Land Registry.

Protected legal mortgage

The mortgage is protected if it takes effect on its creation as a mortgage to be protected by the deposit of documents relating to the mortgaged estate.

First legal mortgage

A first legal mortgage is one which, on its creation, ranks in