Legal
Mortgage
co.uk

Chess Pieces
wig and book pic
Changes
Archive
ENE pic

The Law...

"No one, I am sure, by the light of nature ever understood an English mortgage of real estate"

Samuel v Jarrah Timber and Wood Paving Corpn Ltd [1904] AC 323 at 326 per Lord Macnaghten

 

wig and book pic

Regrettably, the state of the English Law of mortgages has not improved since then. It is beset with complex and largely historical concepts of land law; it has been overlaid with a considerable body of caselaw; and is now increasingly subject to statutory and procedural intervention.