Mortgages

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Practice notes
Nature of mortgages and chargesMortgages and charges are distinct forms of security. A mortgage can be legal or equitable and involves the transfer of...
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9th Nov
Practice notes
What is a Quistclose trust?A Quistclose trust is an example of an ‘automatic’ resulting trust, ie a trust which arises where property is transferred...
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9th Nov
Practice notes
Consecrated land—Church of EnglandFor the purposes of this section of this Practice Note, consecrated land means any land or building which has been...
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9th Nov
Practice notes
What is a headline rent?In a falling market, landlords frequently offer tenants financial inducements to take a lease in order to maintain the level...
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9th Nov
Practice notes
TrespassTrespass is the unlawful presence of a person on land in the possession of another. The ownership of land includes the airspace above it....
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9th Nov
Practice notes
Sale by a mortgagee destroys the equity of redemption in the mortgaged property. The sale defeats the rights of all subsequent incumbrancers, whose...
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9th Nov
Practice notes
Coronavirus (COVID-19): The requirements to obtain an EPC before a property is sold or let can be difficult to satisfy when social distancing measures...
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9th Nov
Practice notes
The Solicitors Regulation Authority’s (SRA) Handbook (SRA Handbook 2011) which contains the Solicitors Regulation Authority’s Code of Conduct (SRA...
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9th Nov
Practice notes
The Third EditionThe third edition of the Standard Commercial Property Conditions was published on 27 April 2017. It is an update to Standard...
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9th Nov
Practice notes
Nature of an easementAn easement is an incorporeal right enjoyed by the owner of a legal estate (dominant tenement) over land in the ownership of...
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9th Nov
Practice notes
A good marketable title is shown where a seller is able to deduce a good title to the property he has contracted to sell. The seller is not required...
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9th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the COVID-19 outbreak....
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9th Nov
Practice notes
Joint insuranceJoint insurance arises where two or more people insure separate insurable interests in the same property with the same insurer under a...
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9th Nov
Precedents
Under s 45 Leasehold Reform Housing and Urban Development Act 1993 (the ‘1993 Act’)Flat:[insert address and description of the Property]To:[insert...
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9th Nov

Most recent Mortgages content

Q&As
If an individual is the subject of fraud, they should disclose this immediately upon becoming aware. In English v English, the High Court held that a...
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29th Nov
Q&As
What are Bullock and Sanderson orders?When the English Court decides to make a costs order, it will start with the general rule that costs 'follow the...
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Produced in partnership with Jon Lord of Civil & Commercial 29th Nov
Practice notes
Effect of appointmentA fixed charge receiver is appointed under a legal charge or mortgage and only has power to deal with and dispose of the charged...
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29th Nov
Practice notes
Coronavirus (COVID-19): the coronavirus pandemic has caused the UK to expedite new insolvency provisions, both of a temporary and permanent nature....
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29th Nov
Practice notes
Statutory power to insureWhere a mortgage is made by deed, the mortgagee has a statutory power, at any time after the date of the mortgage deed, to...
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29th Nov
Q&As
A registered proprietor of land does not have the power to create an equitable charge but can create an equitable mortgage. Our Practice Note:...
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29th Nov
Q&As
Overriding interestsAn overriding interest is an interest in property which amounts to an exception to the general rule that in respect of registered...
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29th Nov
Q&As
The simple fact that a loan is between two private individuals is no bar to enforcement of that loan or any legal charge over it.Loans are more...
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Produced in partnership with Brie Stevens-Hoare QC of Hardwicke Chambers 29th Nov
Q&As
Sale by mortgageeUnder section 104(1) of the Law of Property Act 1925 (LPA 1925), a sale by a mortgagee exercising its power of sale will override all...
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29th Nov
Q&As
The correct form to use in these circumstances is set out in HM Land Registry Practice Guide 31—Discharge of charges as follows:‘A release of part of...
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29th Nov
Q&As
We do not have a deed of postponement of a charge (often called a deed of priority) within Lexis®PSL. However, we can refer you to the following...
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29th Nov
Q&As
A deed of variation is an agreement between the lessor and the lessee to alter the terms of the lease. There are myriad reasons why a deed of...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 29th Nov
Q&As
An easement is an incorporeal right enjoyed by the owner of a legal estate (dominant tenement) over land in the ownership of another person (servient...
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29th Nov
Q&As
Although they both give rise to the same legal end result, the sale of one co-owner’s equitable share in land to another, coupled with the conveyance...
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Produced in partnership with Desmond Kilcoyne 29th Nov
Q&As
An equitable charge should be registered as a land charge under class c (iii). Notice and priority depend on the order of registration. The creation...
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29th Nov
Q&As
The mortgagor has two types of right to redeem the mortgage. First, the legal right to redeem: the contractual right recognised at law to redeem the...
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Produced in partnership with Desmond Kilcoyne 29th Nov
Q&As
Mortgagee’s power of saleThe mortgage deed will need to be considered to determine whether the breach arising from the grant of a lease without...
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29th Nov

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