Section 97 Priorities as between puisne mortgages.C1
England and Wales
Every mortgage affecting a legal estate in land made after the commencement of this Act, whether legal or equitable (not being a mortgage protected by the deposit of documents relating to the legal estate affected) shall rank according to its date of registration as a land charge pursuant to the Land Charges Act, 1925.
This section does not apply F1to mortgages or charges to which the Land Charges Act 1972 does not apply by virtue of section 14(3) of that Act (which excludes certain land charges created by instruments necessitating registration under the F2Land Registration Act 1925 Land Registration Act 2002), or to mortgages or charges of registered landor of land within the jurisdiction of a local deeds registry.
Annotations
Textual amendments
- F1
Words substituted by Land Charges Act 1972 (c. 61, SIF 98:2), s. 18, Sch. 3 para. 1
- F2
Words in s. 97 substituted (13.10.2003) by Land Registration Act 2002 (c. 9), ss. 133, 136(2), Sch. 11 para. 2(10) (with s. 129); S.I. 2003/1725, art. 2
Modifications
- C1
S. 97 extended by Middlesex Deeds Act 1940 (c. 34), s. 2(3); amended by Land Charges Act 1972 (c. 61), Sch. 3 para. 1
Notes on Part III
Modifications
- C1
Certain provisions of Part III applied by Agriculture (Miscellaneous Provisions) Act 1941 (c. 50), s. 8(4), Weeds Act 1959 (c. 54), s. 3(3) and Leasehold Reform Act 1967 (c. 88), s. 19(8)