Discharging a charging order over land
Discharging a charging order over land

The following Property guidance note provides comprehensive and up to date legal information covering:

  • Discharging a charging order over land
  • Court procedure for discharging or varying a charging order
  • Grounds for discharging a final order
  • Removing notices, restrictions and land charges

This Practice Note sets out the procedure for discharging a charging order over property, including the removal of any notices or restrictions on title. It also sets out the court’s powers to discharge or vary a charging order.

If the debt secured by the charging order is paid in full, the debtor is entitled to the release of the charging order, as with any equitable charge.

Court procedure for discharging or varying a charging order

An application to vary or discharge a charging order is made in accordance with the procedure set out in CPR 73.10B. For further guidance, see Practice Note: Applying to vary or discharge a charging order.

Grounds for discharging a final order

A charging order will not normally be discharged in favour of a debtor unless the judgment debt has been satisfied, there has been a material change of circumstances since the date that the order was made, or unless facts emerge which indicate that the order should never have been made, such as where the debtor or an interested party did not receive notice of the interim charging order.

Provided the final charging order was properly made, the making of a bankruptcy order for the debtor after a final charging order has been made will not normally justify the discharge of the charging order.

If the debtor