Q&As

Do you need a deed of release as well as a DS1 to release a legal charge over land?

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Published on: 19 December 2017
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Generally speaking, a deed of release is not necessary in addition to a form DS1 in order to release a charge registered at hm land registry.

In the case of a legal mortgage of unregistered land, or a mortgage under the system of mortgage by demise (abolished by the Law of Property Act 1925 (LPA 1925)), a formal release by the mortgagee (effected by reconveyance, surrender or by receipt indorsed on the mortgage itself, depending on the way in which and to whom the mortgage was granted) is desirable and is sometimes necessary. Further discussion of discharge of legal mortgages of unregistered land is outside the scope of this article, and reference should be made to eg The nature of the right of redemption: Fisher and Lightwood’s Law of Mortgage [47.1]–[49].

However, in the case of registered land (with which this question must only be concerned, as a form DS1 relates only to registered land) a registered legal charge is released once the

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Jurisdiction(s):
United Kingdom
Key definition:
HM Land Registry definition
What does HM Land Registry mean?

The repository for the Register of Title.

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