The following Property guidance note provides comprehensive and up to date legal information covering:
A charging order over land must be protected by registration at every stage of the process of obtaining the order to secure the priority of the order over competing interests and, in particular, to ensure that the order is not void as against a purchaser for value. However, the correct form of protection will vary depending upon the interest in land charged.
For the purposes of registration, the key distinction is whether the charging order affects the legal estate or a beneficial interest under a trust.
If the title to the land is registered, a charging order over the legal estate can be protected by notice, whereas a charging order over a beneficial interest under a trust can only be protected by a restriction. See Practice Note: Land registration—restrictions.
If the title is unregistered, a charging order over the legal estate can be protected in the register of writs and orders, but there is a specific exclusion prohibiting the registration of any order affecting an interest under a trust.
The Land Registration Act 2002 (LRA 2002) defines a pending land action by reference to its meaning under the section 17 of the Land Charges Act 1972 (LCA 1972) (ie any action or proceeding pending in court relating to land or any interest in or charge on land).
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