ABSTRACT

Entitlement to enforce security will also depend upon there having been compliance with any registration requirements;19 nearly all consensual non-possessory20 forms of security have registration requirements in order to perfect them against third parties.21 Mortgages and charges given over land should be registered in accordance with the provisions of either the Land Charges Act 1925 or the Land Registration Act 1925. There are specialist registers for other specific types of property such as aircraft, ships and intellectual property rights. Mortgages given in writing by individuals over chattels should be registered in accordance with the Bills of Sale Acts 1878-82 and failure to do so will invalidate the charge against the debtor as well as against third parties. It is not possible to register a bill of sale over non-specific assets.