394. Registration of charges and priority.

On completion of a mortgage of registered land, the charge must be protected by registration at the Land Registry1 within the priority period afforded by the lender's search2.

An equitable mortgage must be in writing and signed by both parties in order to satisfy the requirements of the Law of Property (Miscellaneous Provisions) Act 19893.

An equitable mortgage of registered land should be protected by registration of a notice at the Land Registry. If not so protected, the lender is at risk of losing his priority to the holder of a subsequently created legal charge4. A charge created by a company,