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Mortgages.

The editor of this section of the site is Nigel Clayton of Kings Chambers, Leeds and Manchester. Nigel also maintains the specialist website dealing with mortgages at www.legalmortgage.co.uk






HM Land Registry Practice Guide 76

Charging Orders

Practice Guide 76

HM Land Registry has issued a new 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.



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