APPRAISAL OF ENTITLEMENT TO COMPENSATION UPON COMPULSORY ACQUISITION OF MORTGAGE PROPERTY

ABSTRACT
This research piece presents a fairly holistic perspective on the concerns regarding entitlement to compensation upon acquisition of mortgage property by the government and the consequences of such practice on the rights of the mortgagee and mortgagor. On one hand is the mortgagor who conveys his property as collateral for a credit facility, on the other hand is the mortgagee who is in legal possession of the mortgaged property, and in between is a property compulsorily acquired by the state. This work attempts to unravel the ensuing argument.
The work is organised into five chapters. To start with, this research gives an overview of basics on the subject of mortgage, including, inter alia, the form, types and features of mortgage transactions. It goes on to evaluate the intricacies involved in the creation and registration of mortgage instruments under the statutory and customary law positions. Furthermore, the rights, interests and obligations of the parties to the mortgage transaction are examined. The modern practice of compensation upon acquisition of mortgage property is exhaustively dealt with, regarding both unoccupied mortgaged property and where there is unexhausted improvement of mortgaged property. Proposals and suggestions for reform are made in the concluding chapter.

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