Class E land charge definition

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Land charges—registration and purpose

Land charges are registered to protect the interests, in unregistered land, of a person who does not hold the title deeds and thus cannot physically control when and how the land is disposed of. Unlike registered land (where the interest is registered against the title of the affected land), land charges are registered against the name of the owner of the relevant estate in land at the time of registration.Land charges are governed by the Land Charges Act 1972 which also provides for the registration of writs and court orders affecting land, pending court actions affecting land and bankruptcy petitions. Such registrations warn potential purchasers of the land that its owner may not be free to deal with the land and/or to be paid the consideration.Land charges — registersThe land charges register is maintained by the Land Charges Department of HM Land Registry (at its office in Plymouth) but is an entirely separate register to that for substantive title registration. When property is first registered, the entries on the land charges register that relate to it are investigated, and any which have continuing relevance and validity are noted on the registered title. From that point onwards, the land charges register has no relevance to that property.The Land Charges Department also maintains the other registers in respect of :•pending land actions and

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56 Effect of registration and non-registration

56 Effect of registration and non-registrationThe registration of an annuity does not prevent it being overreached under the provisions enabling trustees of land, tenants for life and persons having the powers of a tenant for life to overreach certain equitable interests1.An annuity capable of registration as a Class E land charge is void as against a creditor or a purchaser2 of any interest in the land charged unless the annuity is for the time being so registered3.

57 Creation of the charge

The Class F land charge provides protection, as against third parties, for a non-owning1 spouse or civil partner who has home rights in respect of the matrimonial or civil partnership home or in a property intended by the spouses or the civil partners to be a matrimonial or civil partnership home. Where, at any time during the subsistence of a marriage or a civil partnership, one spouse or civil partner is entitled to occupy2 a dwelling house3 by virtue of a beneficial estate or interest4,