Mortgages are the form of security most commonly encountered in practice by property practitioners. Our content on mortgages includes the following Practice Notes:
Mortgages and land—an introduction to mortgages and legal charges over land
Mortgages and land—entering into new mortgages and legal charges of land
Mortgages and land—dealings with land subject to a mortgage or legal charge
Mortgages and land—enforcement of mortgages and legal charges over land
For our content on other types of security, such as charges, pledges and liens, see Practice Note: Types of security.
A mortgage is a transfer of an interest in property by way of security for a debt. It is subject to an express or implied provision which requires the lender to transfer the property back to the borrower when the borrower’s obligations have been discharged.
A legal mortgage over land must be created in accordance with the Law of Property Act 1925 (LPA 1925) which means, in practice, that it must be created by way of a charge by way of legal mortgage. This is the effect of LPA
To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.
**Trials are provided to all LexisNexis content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisNexis services please email customer service via our online form. Free trials are only available to individuals based in the UK, Ireland and selected UK overseas territories and Caribbean countries. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
This week's edition of Property weekly highlights includes: key decisions on compensation for compulsory electricity wayleaves, the construction of an...
HM Land Registry (HMLR) has announced that, from late August 2026, application-related correspondence, including requisitions, letters and notices,...
The Welsh Government has published circular WGC 007/2026 to introduce the Building etc. (Amendment) (No. 2) (Wales) Regulations 2026, which came into...
Planning analysis: In Westminster CC v Gems House Residences, the Court of Appeal dismissed Westminster City Council’s appeal and upheld the High...
Probate—assent of interests in landOrdinarily, a transfer of land must be made by deed. However, where:•the estate of a deceased person includes a legal or equitable interest in freehold or leasehold land, and•a third party is entitled to that interest (either as a trustee or as a beneficiary) under
The Law Society’s Conveyancing ProtocolThe Law Society’s Conveyancing Protocol (2019) (the Protocol) sets out the Law Society’s preferred practice in residential conveyancing transactions. It aims to make the residential conveyancing process more efficient and consistent.There are two parts to the
A property is being sold by a mortgagee in possession. The title is also affected by a restriction benefitting another individual and made by an order of the court. That restriction is dated after the date of registration of the charge under which the seller is exercising the power of sale. Will the
Fixtures and fittingsWhen transferring an interest in land (whether freehold or leasehold), unless the contract provides otherwise:•any fixtures form part of the land and are transferred with it, and •any fittings (also known as chattels) do not form part of the land and will not be
0330 161 1234