Q&As

An unregistered property is subject to a class C(iii) general equitable charge. On a sale by two trustees, will the equitable charge be overreached?

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Published on: 01 June 2021
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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.

A class C(iii) ‘general equitable charge’ is a residuary category of equitable charges on land, and is defined in section 2(4)(iii) of the Land Charges Act 1972 (LCA 1972) (as amended by section 25(1) and paragraph 12(2) of Schedule 3 to the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996)) as any equitable charge which:

  1. •

    is not secured by a deposit of documents relating to the legal estate affected

  2. •

    does not arise or affect an interest arising under a trust of land or a settlement

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Jurisdiction(s):
United Kingdom
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Key definition:
Equitable charge definition
What does Equitable charge mean?

A charge is a security interest by which property is made available for the payment of a debt or the performance of some other obligation.

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