Q&As

Can an agreed notice be placed on the title to a property if the proposed beneficiary of the notice does not have an interest in the land? For example, where a registered proprietor to a property owes a monetary debt to an unsecured creditor, can the unsecured creditor (with the consent of the registered proprietor) apply for an agreed notice against the registered title without obtaining a charging order?

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Published on LexisPSL on 08/05/2019

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

  • Can an agreed notice be placed on the title to a property if the proposed beneficiary of the notice does not have an interest in the land? For example, where a registered proprietor to a property owes a monetary debt to an unsecured creditor, can the unsecured creditor (with the consent of the registered proprietor) apply for an agreed notice against the registered title without obtaining a charging order?

Section 32(1) of the Land Registration Act 2002 (LRA 2002) states that:

‘A notice is an entry in the register in respect of the burden of an interest affecting a registered estate or charge.’

LRA 2002, s 132(3)(b) provides that for the purposes of LRA 2002:

‘References to an interest affecting an estate or charge are to an adverse right affecting the title to the estate or charge.’

LRA 2002, s 34(1) states that:

‘A person who claims to be entitled to the benefit of an interest affecting a registered estate or charge may, if the interest is not excluded by section 33, apply to the registrar for the entry in the register of a notice in respect of the interest.’

Such an application may be for an agreed notice or a unilateral notice.

In addition, any application for an agreed notice must be:

‘…accompanied by the order or instrument (if any) giving rise to the interest claimed or, if there is no such order or instrument, such other details of the interest claimed as satisfy the registrar as to the nature of the applicant's claim.’

The notice that is entered on the charges register of the affected registered title must identify the registered e

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