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?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 04 March 2022

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

Chris Bryden
Chris Bryden

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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Jurisdiction(s):
United Kingdom
Key definition:
Charging order definition
What does Charging order mean?

An order whereby a judgment is enforced by securing the judgment debt with a charge on any land or other real property, or securities, owned by the judgment debtor.

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