Registered charges—transfer and transmission
Registered charges—transfer and transmission

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

  • Registered charges—transfer and transmission
  • Transfer
  • Powers of transferee
  • Formalities
  • Equitable charges
  • Transmission
  • Administration, liquidation or dissolution
  • Bankruptcy
  • Death
  • Sole proprietor
  • More...

Transfer

The owner of a registered charge, who is the:

  1. registered proprietor, or

  2. person entitled to be registered as the proprietor

can transfer the charge.

The transfer is:

  1. a registrable disposition, and therefore

  2. only takes effect in law on compliance with the registration requirements

On registration, the transferee is entered in the register as proprietor of the charge.

The transfer takes priority over any interest:

  1. affecting the estate immediately before the disposition

  2. whose priority is not protected at the time of registration

The priority of an interest is protected if it:

  1. is a registered charge or the subject of a notice in the register

  2. is an overriding interest within Schedule 3 to the Land Registration Act 2002 (but not if it has been the subject of a notice in the register since the relevant section came into force)

  3. appears from the register to be excepted from the effect of registration

Powers of transferee

In Skelwith, the High Court decided that the assignee of a registered charge had been entitled to enter into an agreement to sell the relevant property, despite the fact that the assignment of the charge had yet to be registered.

The owner's powers in relation to a registered charge consist of:

  1. power to make a disposition of any kind permitted by the general law in relation to an interest of that description, other

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