Land registration—legal and equitable charges and HM Land Registry

Copyright © 2025 LexisNexis
Published by a LexisNexis Property expert
Practice notes

Land registration—legal and equitable charges and HM Land Registry

Copyright © 2025 LexisNexis

Published by a LexisNexis Property expert

Practice notes
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This Practice Note looks at legal and equitable charges of land and their registration at HM Land Registry.

For content on the nature of legal and equitable charges, see Practice Note: Mortgages and land—an introduction to mortgages and legal charges over land.

Charging orders take effect as equitable charges but are outside the scope of this Practice Note. For further information, see Charging orders over land—overview.

Land Registration Act 2002 and the power to charge land

Legal mortgages of land

A registered proprietor of freehold or leasehold land—or the person who is entitled to be registered as the proprietor—may:

  1. •

    make a disposition of any kind permitted by the general law in relation to the registered estate, other than a mortgage by demise or sub-demise, and

  2. •

    charge the estate at law with the payment of money

The only way to create a legal mortgage of land is by way of demise or by way of charge by deed by way of legal mortgage. This is the effect of section 1(2) of the Law

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Jurisdiction(s):
United Kingdom
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