Solicitors Qualifying Examination (SQE) Practice Exa\

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What indicates the need for registering a legal charge at the Land Registry?

The bearer's request

The OS1 search result

Registering a legal charge at the Land Registry is primarily indicated by the results of an OS1 search. An OS1 search is a specific type of property search that reveals whether a property is subject to any pending applications, which can include existing charges. If an OS1 search shows that there is a need for registration of a charge, it indicates that there are no competing interests or registrations that might conflict with the new charge being sought.

The OS1 search is critical because it ensures that the mortgagee, or lender, is properly securing their interest in the property. Without this registration, the lender may have difficulties enforcing their rights against the property in the event of borrower default. Therefore, the status and results of an OS1 search are key indicators for the necessity to register a legal charge at the Land Registry.

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The property value

The agreement of the mortgagee

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