Explanatory Notes

Land Registration Act 2002

2002 CHAPTER 9

26 February 2002

Commentary on the Sections

Part 5: Charges

Powers as chargee

Section 52: Protection of disponees

99.The sole purpose of section 52 is to protect the rights of someone in whose favour a disposition is made by a chargee. It therefore corresponds to section 26. If nothing appears in the register to the contrary, the chargee is taken to have all the powers of disposal of a legal mortgagee under the Law of Property Act 1925 so that the rights and interest given by the disposition cannot be challenged under any circumstances. The section is limited in scope, and does not, for example, prevent any claims being brought against the chargee by the chargor.