Q&As

Where a mortgage hasn't been registered where it should be and no notice of it appears on the registered title, if the land is subsequently transferred for valuable consideration, will the mortgage be binding?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 30 March 2021
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A mortgage is a proprietary right over real property created by a charge expressed by deed (see section 85 of the Law of Property Act 1925 (LPA 1925)). A legal mortgage involves a disposition of the legal estate to the mortgagee and is a registrable disposition (see section 27 of the Land Registration Act 2002 (LRA 2002)). A failure to register a legal mortgage gives rise to a mortgage in equity only. This means that the mortgagee has limited protection in terms of the monies advanced and in particular will rank in order

Chris Bryden
Chris Bryden

Barrister, 4 King’s Bench Walk

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Mortgagee definition
What does Mortgagee mean?

The person a mortgage is granted to.

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