Sahib confirmed in letter to bank that property owned
jointly by him and wife was security for sums lent.
This action not authorised by wife.
Could there be equitable charge without wife’s
Court of Appeal held Law of Property (Miscellaneous
Provisions) Act 1989 governed validity of all dispositions of interests in
Its plain effect was that a contract for a mortgage or
charge relating to any interest in land or the proceeds of sale of land must:
1. Be made in
all the terms to which parties had expressly agreed and
3. Be signed by
Mere deposit of title deeds no longer created valid