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A life tenant cannot mortgage the property

A worked RES examination question on mortgages nature and priority, from our Paper 1 bank — with the rule it turns on, and why each of the four options is right or wrong.

Paper 1Lesson 3Mortgages nature and priorityFree — no sign-up

The question

Kamala signed a mortgage of the house in favour of a bank in March 2026.

Which statement most appropriately describes the position?

  1. A. She could grant a valid mortgage, though it would end on her death and Rajen would be looked to.
  2. B. She could grant a valid mortgage, a person in possession being able to deal as an owner.
  3. C. She could grant a valid mortgage provided Rajen was given notice before it was completed.
  4. D. She could not grant a mortgage of the house at all, holding it for her lifetime only.

The answer, and why

Answer: D

The rule. A life tenant cannot mortgage the property. She holds the use of it, not the estate.

Why D is correct. She could not grant it at all.

The other options.

  • B treats possession as ownership
  • C offers notice to Rajen as a cure
  • A has the mortgage ending on her death with the bank looking to Rajen — superficially tidy and wrong, since Rajen never charged anything.

Exam note. The bank's failure to examine the title is stated for a reason. The document was signed; it was not effective.

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