ABSTRACT
The Land Registration Act 2002 makes many changes to the law concerning mortgages of registered land: mortgages by demise or subdemise can no longer be created (see section 9.1.1); charge certificates are to be abolished; the order of priority between charges is to be determined by the order on the register (see section 9.5.1); and the technical rules regarding consolidation (see section 9.3.6) and tacking further advances (see section 9.5.3) have been amended. From a practical point of view, however, the greatest effects are likely to be felt from the implementation of electronic conveyancing. Some mortgagees have been able to discharge mortgages electronically using a procedure known as ENDs since 1999, and now most of the major mortgage lenders have this facility. The 2002 Act will make it possible for the entire mortgage process, so far as it concerns HM Land Registry, to be conducted electronically.
