NTIn ForceAct
Law of Property Act 2000
110Realisation of equitable charges by the Court
Start here
Get a plain-English read of 110
Turn the raw legal text into a practical explanation grounded in Law of Property Act 2000.
110 Realisation of equitable charges by the Court
(1) If an order for sale is made by the Court in relation to an equitable
mortgage of land, the Court may, in favour of a purchaser, make an
order:
(a) vesting the land;
(b) appointing a person to convey the land; or
(c) creating and vesting in the mortgagee a legal interest in the
land to enable the mortgagee to carry out the sale,
Law of Property Act 2000 73
in like manner as if the mortgage had been created by instrument or
deed by way of legal mortgage, but without prejudice to an
encumbrance having priority to the equitable mortgage unless the
encumbrancee consents to the sale.
(2) This section applies to equitable mortgages made or arising before
or after the commencement of this Act.