Khela v Batshoof Investment Lte and Another: LRA 7 Aug 2017

(Charges and Charging Orders : Bankruptcy and Insolvency) Applicant and 2nd Respondent were the registered proprietors of the property; 1st Respondent had a registered charge dated 1993. Nothing had been paid and no interest had accrued under the charge since 1993. A applied to have the charge removed. R1 objected on the basis that it had been acknowledged, by letter from R2’s trustee in bankruptcy as agent for R2. Held that the trustee in bankruptcy was not R2’s agent and also that in any event one mortgagor could not make on behalf of both proprietors an acknowledgement sufficient for section 29 of the Limitation Act 1980. The registrar was directed to respond to the application as if the objection had not been made.


[2017] UKFTT 676 (PC)




England and Wales

Registered Land

Updated: 02 April 2022; Ref: scu.601383