Commentary

23.2 Equitable charges of unregistered land

COMPANIES vol 10(2) borrowing and debentures
| Commentary

23.2 Equitable charges of unregistered land

| Commentary

23.2 Equitable charges of unregistered land

An equitable charge (such as a floating charge) unaccompanied by the deposit of title deeds that does not arise under a trust of land or a settlement and is not included in any other class of land charge (‘a general equitable charge’) is registrable as a Class C(iii) land charge1. Although equitable charges protected by the deposit of title deeds are expressly excluded from registration as a Class C(iii) land charge, there is an argument that they fall within the definition of ‘an estate contract’ and are thus registrable as a Class

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