Land Law

Advise coriander whether she can prevent didier and dominique from buildinng another house in the rounds of hamiyn road

The problem that this essay answers relates to enforcement of a negative covenant against the registered purchaser of a freehold property. The parties involved in the problem are:

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'A mortgage...is a transaction under which land or chattels are given as security for the payment of a debt or the discharge of some other obligation' - Santley v. Wilde [1899] 2 Ch 474, per Lidley J. Explain the way in which a mortgagor can enforce the security it receives under a legal mortgage of land. Compare the rights given to mortgagees under legal mortgages of land. Do you consider that the law provides adequate safeguards? Does the law strike a fair balance between rights of lender and borrower?

A mortgage is a transaction by which a charge is created on a property as a security for a loan taken by the mortgagor from the mortgagee. The property is used as a security for the mortgagee. As such, mortgage gives rights to both the mortgagor and the mortgagee.

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