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Review Your SQE 1 Practice Records

Examination Timing: 00H01M03S

A solicitor is acting for a client who owns a piece of unregistered land. The client takes out a second legal charge over the land. This second legal charge is with a bank, and the solicitor is also acting for the bank. How should the solicitor protect the bank’s interest?

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A puisne mortgage is a legal mortgage over unregistered land that is not protected by the deposit of title deeds. It must be registered at the Land Charges Registry to ensure the bank's security interest is protected. Registering the charge as a puisne mortgage provides notice to subsequent purchasers or lenders. 

Key Point: To protect a second legal charge over unregistered land, it must be registered as a puisne mortgage at the Land Charges Registry. This registration provides notice and protects the bank's interest.

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