Q&As

Where a mortgagee in possession wishes to exercise its power of sale, would the sale overreach a unilateral notice protecting a party wall registered against the property after the registration of the mortgage?

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Published by a LexisNexis Property Disputes expert
Published on: 19 December 2016
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Section 104(1) of the Law of Property Act 1925 (LPA 1925) provides that a mortgagee exercising the power of sale conferred by the LPA 1925 may transfer the property free from all estates, interests and rights to which the mortgage has priority. This

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Jurisdiction(s):
United Kingdom
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