Section 21 Actions for recovery of land and actions where title is in question.C1

England and Wales

(1)

F1The county court shall have jurisdiction to hear and determine any action for the recovery of land F2 . . ..

(2)

The county court shall have jurisdiction to hear and determine any action in which the title to any hereditament comes in question, F3 . . .

(a)

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(b)

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(3)

Where a mortgage of land consists of or includes a dwelling-house and no part of the land is situated in Greater London then, subject to subsection (4), if F4the county court has jurisdiction by virtue of this section to hear and determine an action in which the mortgagee under that mortgage claims possession of the mortgaged property, no court other than the county court shall have jurisdiction to hear and determine that action.

(4)

Subsection (3) shall not apply to an action for foreclosure or sale in which a claim for possession of the mortgaged property is also made.

F5(5)

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(6)

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(7)

In this section—

“dwelling-house” includes any building or part of a building which is used as a dwelling;
“mortgage” includes a charge and “mortgagor” and “mortgagee” shall be construed accordingly;
“mortgagor” and “mortgagee” includes any person deriving title under the original mortgagor or mortgagee.

(8)

The fact that part of the premises comprised in a dwelling-house is used as a shop or office or for business, trade or professional purposes shall not prevent the dwelling-house from being a dwelling-house for the purposes of this section.

(9)

This section does not apply to a mortgage securing an agreement which is a regulated agreement within the meaning of the M1Consumer Credit Act 1974.