219. Creation of equitable charges.

219.     Creation of equitable charges.

An equitable charge on land or an interest in land must be in writing signed by the chargor or his agent1. An instrument which constitutes an agreement to create an equitable charge or formal mortgage is unenforceable unless it either complies with the formalities for an equitable mortgage of land or gives rise to a constructive trust2. An equitable charge may be created where a mortgagor purports to mortgage a greater estate in property than that which he possesses3.

Under the Land Charges Act 1972, a general equitable