Obtaining a charging order over land
Obtaining a charging order over land

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

  • Obtaining a charging order over land
  • The interests in land which may be charged
  • Charging Orders to secure the payment of costs
  • How to apply
  • Partnership property
  • Registration
  • Limitation
  • Service requirements in relation to charging order applications
  • What happens once you have obtained an interim charging order?
  • What happens at a hearing to make an interim charging order final?
  • more

This Practice Note sets out the circumstances in which a charging order over property may be obtained under the Charging Orders Act 1979 (COA 1979) and CPR 73, the procedure for obtaining an interim charging order or final charging order, and the effect of insolvency of the debtor.

The process of obtaining a charging order is primarily governed by:

  1. COA 1979

  2. CPR 73

The interests in land which may be charged

A charge may be imposed by a charging order only on:

  1. any interest held by the debtor beneficially:

    1. in land, or

    2. under any trust, or

  2. any interest held by a person as a trustee of a trust in land where:

    1. the judgment or order in respect of which a charge is to be imposed was made against that person as trustee of the trust, or

    2. the whole beneficial interest under the trust is held by the debtor unencumbered and for his own benefit, or

    3. there are two or more debtors, all of whom are liable to the creditor for the same debt, and they together hold the whole beneficial interest under the trust unencumbered and for their own benefit

Land in this context is widely defined to include buildings and other structures, land covered with water, and any estate, interest, easement, servitude or right in or over land.

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