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GLOSSARY

Class F land charge definition

Published by a LexisNexis Property expert

What does Class F land charge mean?

A charge on land arising under Part IV of the Family law Act 1996.

Section 2(7) of the Land Carges Act 1972 allows the registration of matrimonial home rights.

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Land charges under the Land Charges Act 1972—registration and purpose

The Land Charges Act 1972 (LCA 1972) provides for certain charges and incumbrances relating to unregistered land to be registered as land charges in the land charges register maintained by the Land Charges Department of HM Land Registry (based at its office in Plymouth). This is an entirely separate register to that for substantive title registration.Land charges protect the interests, in unregistered land, of third parties who do not hold the title deeds to the land and so cannot control when and how the land is disposed of.LCA 1972 also requires HM Land Registry, in addition to the register of land charges, to maintain the following registers:•pending land actions and pending actions in bankruptcy•writs and orders affecting land and writs and orders in bankruptcyThe registers of pending land actions and pending actions in bankruptcy and writs and orders affecting land and writs and orders in bankruptcy can be searched separately when a bankruptcy only search is required (for example, prior to completing a mortgage over land). See Practice Note: Carrying...

Notices and restrictions

Notices and restrictions Notices and restrictions may be used to afford some limited protection of an asset comprising land or property, which comprises registered land, in respect of which an order or judgment is to be enforced. The legislative provisions are contained in the Land Registration Act 2002 (LRA 2002). Notices A notice is a method by which a third party right is protected. A notice will appear in the charges register of the title affected. This will notify any potential purchaser of the creditor’s interest in the land. A notice binds any third party that acquires the land and replaced the caution against dealings available under the Land Registration Act 1925 (now repealed by LRA 2002). A notice does not prevent the legal owner from selling or otherwise dealing with the property. This can only be done by way of an application for a restriction (formerly a caution) on the title of the property. A person who asserts the benefit of a third party interest may apply to the registrar for...

Discover our 2 Practice Notes on Class F land charge

Can a unilateral notice be registered against a property owned by a party to financial remedy proceedings where that property is co-owned by a third party?

Can a unilateral notice be registered against a property owned by a party to financial remedy proceedings where that property is co-owned by a third party? Section 30 of the Family Law Act 1996 (FLA 1996) provides that where one spouse (or civil partner) has the right to occupy a dwelling house, the other spouse is entitled to register home rights, provided that the property has been the matrimonial home. Those home rights may be protected, in the case of a property held in the sole name of one spouse only, by way of a notice being registered with the Land Registry. If the title to the property is registered, then the application for the home rights notice should be made using Form HR1—Application for registration of a notice of home rights. If the property is unregistered, an application may be made to the Land Charges Department for the registration of a Class F land charge. A spouse may only protect their interest in one property at...

In order to remove caution title and land charges entries, where there is no copy of the option agreement referred to in the caution title, aside from a form CCT, is there anything to be done to remove the caution against first registration and the corresponding land charges entries?

In order to remove caution title and land charges entries, where there is no copy of the option agreement referred to in the caution title, aside from a form CCT, is there anything to be done to remove the caution against first registration and the corresponding land charges entries? A caution against first registration protects interests which affect unregistered land. HM Land Registry must give notice to the cautioner of any application for registration of the legal estate. Section 15 of the Land Registration Act 2002 (LRA 2002) governs the legal estates against which such a caution can be registered. A caution has no effect on the validity or priority of any interest of the cautioner but merely requires notice and gives the right to object to any application for first registration. A caution against first registration can be cancelled by application to HM Land Registry in accordance with LRA 2002, s 18(1) and the Land Registration Rules 2003 (LRR 2003), SI 2003/1417, r 45. However,...

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