Mortgages and charges over land

An overview of mortgages and charges over land (also known as real estate or property).

This note outlines the types of security that can be created or arise over property, the form and contents of a typical mortgage or fixed charge over property, due diligence and pre-completion issues, potential challenges to security, how security over property is released and a lender's remedies under a mortgage or charge over property.

This note focuses on security interests taken in the context of commercial lending transactions where the security is given by a company or limited liability partnership (LLP). However, much will be applicable to residential mortgage-lending, other lending to individuals and entities secured on property and non-lending transactions secured on property, although additional factors may be relevant.