Q&As
If two interim charging orders are made over a property, but the later one is protected by a notice on the title before the earlier one (which is later also protected in that way), which ranks in priority for the distribution of sale proceeds?
This Q&A considers Priority as between the two interim Charging orders only.
A charge that is imposed by a charging order has the same effect, and is enforceable in the same manner, as an Equitable charge created in writing.
A charging order that charges the legal estate is capable of protection by the entry of a notice. A charging order charging a beneficial interest cannot be protected by a notice but can be protected by a restriction. Both an interim and a final charging order can be protected—see Practice Note: Charging orders over land—registration issues.
The entry of a notice in the register does not guarantee the validity of an interest or even its existence. If the interest is not valid, the entry of a notice on the register has no
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