21 Actions for recovery of land and actions where title is in question.E+W
(1)[The county court] shall have jurisdiction to hear and determine any action for the recovery of land . . ..
(2)[The county court] shall have jurisdiction to hear and determine any action in which the title to any hereditament comes in question, . . .
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)Where a mortgage of land consists of or includes a dwelling-house and no part of the land is situated in Greater London then, subject to subsection (4), if [the county court] has jurisdiction by virtue of this section to hear and determine an action in which the mortgagee under that mortgage claims possession of the mortgaged property, no court other than [the county court] shall have jurisdiction to hear and determine that action.
(4)Subsection (3) shall not apply to an action for foreclosure or sale in which a claim for possession of the mortgaged property is also made.
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)In this section—
“dwelling-house” includes any building or part of a building which is used as a dwelling;
“mortgage” includes a charge and “mortgagor” and “mortgagee” shall be construed accordingly;
“mortgagor” and “mortgagee” includes any person deriving title under the original mortgagor or mortgagee.
(8)The fact that part of the premises comprised in a dwelling-house is used as a shop or office or for business, trade or professional purposes shall not prevent the dwelling-house from being a dwelling-house for the purposes of this section.
(9)This section does not apply to a mortgage securing an agreement which is a regulated agreement within the meaning of the Consumer Credit Act 1974.
Textual Amendments
Modifications etc. (not altering text)
Marginal Citations