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Charging orders

This page deals with the following issues in relation to charging orders:
  • Land Registry Practice Guide.
  • Charging order made shortly a bankruptcy order.
  • Limitation points - in particular charging order made more than 12 years ago not made unenforceable by Limitation Act 1980.
  • Tomlin order - created a trust which ranked in priority over a subsequent charging order.

Land Registry Practice Guide 76

Practice and procedure

Practice Guide 76

Practice Guide 76, which gives advice on the practice and procedure for the protection of charging orders over registered land and beneficial interests under a trust of registered land. Some key points to note are as follows:
  • A charging order that charges the legal estate may be protected by the entry of a notice.
  • A charging order that charges a beneficial interest under a trust of land cannot be protected by way of notice but can be protected by a restriction in standard form K.
  • An interim and final charging order may each be protected by the entry of a notice or restriction as appropriate.
  • For more information about the effect of a notice or restriction and how to apply for their entry or removal, see Practice Guide 19 – Notices, restrictions and protection of third party interests in the register.
  • An application to the court for a charging order on the legal estate is a pending land action and is capable of protection by entry of a notice.
  • However, an application to the court for a charging order in respect of a beneficial interest under a trust cannot be protected by notice because it does not appear to be a pending land action, as the applicant is seeking a charging order over an interest in a trust, not in land. As an application to the court does not give the applicant a beneficial interest such an application cannot be protected by a restriction.

Bankruptcy

Nationwide Building Society v Wright
[2009] EWCA Div 811

A charging order on property was allowed to stand where it had been made shortly before a bankruptcy order was made, even though the court making the charging order was unaware of the petition. The court did have a discretion ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

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