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Uk Property Law Insights
Summary
Overriding interests in UK property law apply to registered land only. Puisne mortgages are initially under LCA 1972 for unregistered land but transition to registered charges upon registration. Triggering registration by a legal mortgage starts the process, but the owner must complete it with the Land Registry. Understanding these distinctions is crucial for navigating property transactions.Full Conversation
is it true that overriding interests in uk property law are available in registered land only?
Yes, that's correct. In UK property law, overriding interests apply to registered land only. These interests can affect the title to land despite not being registered themselves, ensuring certain rights are protected even if they aren't noted on the land register.
if mortgages have to cause the unregistered land to be registered in order for said mortgage to be legal, then why are puisne mortgages under the (now registered) land applicable as a charge under LCA * if LCA * does not apply to registered land?
In the UK, puisne mortgages are a type of second mortgage that, historically, applied to unregistered land. When land becomes registered, the rules can shift. The Land Charges Act * applies to unregistered land, but when land becomes registered, puisne mortgages are typically entered into the charges register, transitioning the mortgage into a registered charge. Therefore, they remain applicable but under the new registration system.
Is there anything else you’d like to know about how mortgages work in registered versus unregistered land?
Is there anything else you’d like to know about how mortgages work in registered versus unregistered land?
is it true that trigger of registration of land by legal mortgages is different from an actual registration of land?
Case Rating: *
Yes, it's true. In the UK, a legal mortgage can trigger the compulsory registration of unregistered land, but this is distinct from the process of registering land that is already registered. The former involves bringing unregistered land into the register, while the latter deals with updating or changing details in the existing register. Would you like to know more about the registration process?
Yes, it's true. In the UK, a legal mortgage can trigger the compulsory registration of unregistered land, but this is distinct from the process of registering land that is already registered. The former involves bringing unregistered land into the register, while the latter deals with updating or changing details in the existing register. Would you like to know more about the registration process?
is it true that triggering registration does not mean the land is automatically registered?
Case Rating: *
In the UK, triggering registration through events like a legal mortgage means the process of registering the land begins. However, the land isn't automatically registered; it involves submitting the necessary documents and completing the registration process with the Land Registry.
In the UK, triggering registration through events like a legal mortgage means the process of registering the land begins. However, the land isn't automatically registered; it involves submitting the necessary documents and completing the registration process with the Land Registry.
so does that mean that puisne mortgages under lca * can exist because they are registered under LCA * AFTER registration of the land has been registered BUT the owner has NOT YET went ahead to register the land?
Case Rating: *
In the UK, puisne mortgages can exist under the Land Charges Act * as a charge on unregistered land. When the land gets registered, these mortgages must transition into registered charges. However, if the owner hasn't registered the land yet, the puisne mortgage remains under LCA * until registration is completed. Would you like to know more about the differences between registered and unregistered land?
In the UK, puisne mortgages can exist under the Land Charges Act * as a charge on unregistered land. When the land gets registered, these mortgages must transition into registered charges. However, if the owner hasn't registered the land yet, the puisne mortgage remains under LCA * until registration is completed. Would you like to know more about the differences between registered and unregistered land?
is it true that puisne mortgages can only be registered under lca * BEFORE the owner registers the land despite registration being triggered by the legal nature of the puisne mortgage?
Case Rating: *
In the UK, puisne mortgages are registered under the Land Charges Act * for unregistered land. Once land registration is triggered, such mortgages transition to registered charges. However, they can initially be under LCA * before the land is fully registered. Would you like more details about this transition process?
In the UK, puisne mortgages are registered under the Land Charges Act * for unregistered land. Once land registration is triggered, such mortgages transition to registered charges. However, they can initially be under LCA * before the land is fully registered. Would you like more details about this transition process?
is it true that puisne mortgages can only be registered under lca * BEFORE the owner registers the land despite registration being triggered by the legal nature of the puisne mortgage?
Case Rating: *
Puisne mortgages can indeed be registered under the Land Charges Act * for unregistered land. Once the land registration process is triggered by a legal mortgage, these mortgages transition into registered charges. However, initially, they can be under LCA * before full registration. Would you like more details on this process?
Puisne mortgages can indeed be registered under the Land Charges Act * for unregistered land. Once the land registration process is triggered by a legal mortgage, these mortgages transition into registered charges. However, initially, they can be under LCA * before full registration. Would you like more details on this process?
is the action of registering the land by the owner different from the mere triggering of registration by legal mortgages?
Case Rating: *
Yes, the action of registering the land by the owner is different from merely triggering registration by legal mortgages. Triggering registration starts the process when a legal event, like a mortgage, occurs. However, the owner must complete the process by submitting necessary documents to the Land Registry. Would you like more details about the registration process?
Yes, the action of registering the land by the owner is different from merely triggering registration by legal mortgages. Triggering registration starts the process when a legal event, like a mortgage, occurs. However, the owner must complete the process by submitting necessary documents to the Land Registry. Would you like more details about the registration process?
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