Q&As

A and B are owners of a registered property as joint tenants. Can an equitable charge be created between A and B (owners) and A (lender) or does section 23 of the Land Registration Act 2002 prevent this?

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Published on LexisPSL on 06/09/2017

The following Property Q&A provides comprehensive and up to date legal information covering:

  • A and B are owners of a registered property as joint tenants. Can an equitable charge be created between A and B (owners) and A (lender) or does section 23 of the Land Registration Act 2002 prevent this?

Section 23 of the Land Registration Act 2002 (LRA 2002) states that:

  1. owner’s powers in relation to a registered estate consist of:

    1. power to make a disposition of any kind permitted by the general law in relation to an interest of that description, other than a mortgage by demise or sub-demise, and

    2. power to charge the estate at law with the payment of money

On the face of it, therefore very wide powers are given, but it is apparent that they are subject to the limitation as to the ability to grant charges over the land.

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