Charging orders over land

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Practice notes
When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...
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9th Nov
Practice notes
Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
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9th Nov
Practice notes
This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...
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9th Nov
Practice notes
The meaning of the term ‘successors in title’ will depend upon the context of the use of the term and also the drafting of the relevant lease.A...
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9th Nov
Practice notes
While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is generally not of the...
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9th Nov
Practice notes
This Practice Note sets out the procedure for discharging a charging order over property, including the removal of any notices or restrictions on...
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9th Nov
Practice notes
A surrender by operation of law occurs when the unequivocal conduct of both parties is inconsistent with the continuation of the tenancy. This is...
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9th Nov
Practice notes
There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...
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9th Nov
Precedents
Notice before forfeitureCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and...
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9th Nov
Practice notes
This Practice Note covers what happens to a lease on disclaimer and the effect of disclaimer on tenants, guarantors and former tenants, applications...
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9th Nov
Practice notes
The implied or deemed surrender and re-grant of a lease arises where an agreed variation of the terms of the original lease is so fundamental that the...
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9th Nov
Practice notes
This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of...
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9th Nov
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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9th Nov
Practice notes
Statutory compensation—which grounds are compensatable?Under section 37 of the Landlord and Tenant Act 1954 (LTA 1954), the tenant is entitled to...
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9th Nov
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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9th Nov
Practice notes
Is there an interference with the right to light?Where a right of light has been established (see Practice Note: Establishing and maintaining rights...
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9th Nov

Most recent Charging orders over land content

Practice notes
This Practice Note identifies some of the potential difficulties you may encounter when applying for an order for sale to enforce a charging order...
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Produced in partnership with Frances Coulson of Moon Beever 16th Apr
Practice notes
This Practice Note considers the effect of the court making an interim charging order pursuant to the regime under CPR 73 in force as of 6 April...
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8th Apr
Practice notes
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...
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8th Apr
Practice notes
NOTE: THIS PRACTICE NOTE IS FOR HISTORICAL REFERENCE ONLY.It sets out the procedure in force prior to 6 April 2016 for obtaining a charging order,...
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8th Apr
Practice notes
Charging orders can be sought over land or securities of the judgment debtor—see Practice Note: Charging orders—what are they and when to use them—CPR...
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8th Apr
Practice notes
This Practice Note sets out how to apply for a charging order pursuant to CPR 73 and CPR PD 73.It sets out how to make an application, in terms...
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8th Apr
Practice notes
This Practice Note sets out the procedure in relation to obtaining interim and final charging orders pursuant to CPR 73 and CPR PD 73 when the County...
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8th Apr
Practice notes
This Practice Note considers how to apply to vary or discharge a charging order pursuant to CPR 73.10B in force as of 6 April 2016.How do the 6 April...
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8th Apr
Practice notes
This Practice Note considers how to apply for an order for sale to enforce a charging order pursuant to CPR 73.10C.The rules were amended with effect...
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8th Apr
Practice notes
This Practice Note considers the jurisdiction for obtaining interim and final charging orders as provided for in the (amended) CPR 73 and CPR PD 73 in...
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8th Apr
Practice notes
NOTE: THIS PRACTICE NOTE IS FOR HISTORICAL REFERENCE ONLY.It considers charging orders under the regime in force prior to 6 April 2016, including what...
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8th Apr
Practice notes
This Practice Note sets out the service provisions in relation to applying for or obtaining a charging order under CPR 73 and CPR PD 73.This Practice...
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8th Apr
Practice notes
This Practice Note has been updated as necessary in light of the amended CPR 73 and CPR PD 73 in force as of 6 April 2016.A judgment creditor may...
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Produced in partnership with Frances Coulson of Moon Beever 8th Apr
Practice notes
This Practice Note provides guidance as to conducting the sale under an order for sale pursuant to a charging order, including the method of sale...
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8th Apr
Practice notes
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)...
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8th Apr
Practice notes
IntroductionA charging order over land must be protected by registration at every stage of the process of obtaining the order so as to secure the...
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8th Apr
Practice notes
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...
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1st Apr
Practice notes
This Practice Note considers the procedure in relation to obtaining charging orders pursuant to the revised CPR 73 and CPR PD 73 in effect as from 6...
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26th Mar
Practice notes
This Practice Note is relevant if you are seeking to preserve the status quo and prevent (or be given notice of an intended) disposition of securities...
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25th Mar

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