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
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and millions of others like it, sign-in to LexisLibrary or register for a free trial.
EXISTING USER? SIGN IN
TAKE A FREE TRIAL
0330 161 1234