Section 45(1) of the Transfer of Land Act 1958 states that a registered proprietor may transfer an estate or interest in land by an instrument in an appropriate approved form. ‘Registered proprietor’ is defined in s 4 of the Transfer of Land Act as any person appearing by the register to be the proprietor of an estate or interest in land. Section 74(2) of the Transfer of Land Act gives an interest in land to the mortgagee.

All three sections - s 45(1), s 4 and s 74(2) - together allow the mortgagee the right to transfer the interest under a mortgage. This is done by transferring the interest under s45(1) of the Transfer of Land Act 1958 which is the same as that used when transferring the freehold in the property. No duty is payable on this transfer and no duplicate mortgage is required to be produced for lodging.

As property lawyers, we at Impex Lawyers and Advisers, make your work easier by helping you conduct your transfer of morgage.