Q&As

While a mortgagee in possession takes free of encumbrances, ie a standard restriction and a unilateral notice, does a mortgagee in possession overreach a non-standard restriction on the registered title of a property?

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Published on LexisPSL on 29/01/2020

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  • While a mortgagee in possession takes free of encumbrances, ie a standard restriction and a unilateral notice, does a mortgagee in possession overreach a non-standard restriction on the registered title of a property?

While a mortgagee in possession takes free of encumbrances, ie a standard restriction and a unilateral notice, does a mortgagee in possession overreach a non-standard restriction on the registered title of a property?

By section 104 of the Law of Property Act 1925 (LPA 1925), a mortgagee exercising a power of sale may convey the property sold freed from all estate, interests and rights to which the mortgage has priority, but subject to all estates, interests and rights which have priority to the mortgage. By LPA 1925, s 105 the proceeds of sale after payment into court to meet any prior incumbrance, the costs of sale and

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