Law of Property Act 1925: Core legislation governing property law in England and Wales, covering legal estates, mortgages, and trusts. Includes specific requirements for creation and registration of charges.
Land Registration Act 2002: Governs the registration of land ownership and interests, including priority rules and notice requirements for registered land.
Trustee Act 2000: Defines trustee duties, powers, and responsibilities including investment duties and required standard of care.
Land Charges Act 1972: Sets out registration requirements for land charges and establishes priority rules for unregistered land.
Financial Services and Markets Act 2000: Relevant when the lender's activities fall under regulated activities, establishing regulatory framework for financial services.
Consumer Credit Act 1974: Applicable when the borrower is a consumer rather than a commercial entity, providing consumer protection measures.
Insolvency Act 1986: Contains provisions affecting security interests in case of insolvency, including ranking of creditors and enforcement rights.
Human Rights Act 1998: Relevant particularly regarding possession proceedings and ensuring fair treatment in enforcement actions.
Mortgage Credit Directive Order 2015: Implements EU regulations for regulated mortgage contracts, setting standards for mortgage lending.
Common Law Principles: Includes equitable principles regarding mortgages and trusts, priority rules, and the doctrine of notice as established through case law.
