Charging orders over land

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Practice notes
Effect of appointmentA fixed charge receiver is appointed under a legal charge or mortgage and only has power to deal with and dispose of the charged...
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19th May
Practice notes
What is a rent deposit?A rent deposit is a sum of money that is deposited by a tenant when it takes a lease of premises as security against the...
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19th May
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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19th May
Precedents
[To be printed on Landlord’s letterheaded paper]Our Ref:Date:To: [insert name of Tenant]From: [insert name of previous Landlord] [of [insert address]...
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19th May
Practice notes
In Scotland, at common law, a lease does not actually end on the specified expiry date (ish) unless:•either party gives correct and timeous...
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Produced in partnership with Kenneth S Gerber of Mitchells Roberton 19th May
Practice notes
Land charges are registered to protect the interests, in unregistered land, of a person who does not hold the title deeds and thus cannot physically...
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19th May
Practice notes
Is the agreement a grazing licence or farm business tenancy?What is a grazing licence?A grazing licence is an agreement under which a landowner allows...
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19th May
Practice notes
The Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) controls the liability of former tenants and their guarantors for rent and service charge...
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19th May
Practice notes
Compulsory first registrationThe buyer of an unregistered freehold or lease with more than seven years unexpired (ie a qualifying estate) has a...
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19th May
Practice notes
This Practice Note sets out the searches that should be carried out prior to completion (pre-completion searches), including priority searches (OS1...
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19th May
Practice notes
ARCHIVED: The third edition of the Royal Institution of Chartered Surveyors (RICS) Code of Practice ‘Service charges in commercial property’ (and all...
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19th May
Practice notes
The role of a real estate lawyer in real estate finance transactionsIn both investment and development real estate finance transactions (REF...
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Produced in partnership with Kelly Myles 19th May
Practice notes
The advantages of taking collateral security from a third party to secure the principal debt are that:•the mortgagee may not need to have recourse to...
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19th May
Practice notes
Disposal and devolutionThe equity of redemption arises as soon as the mortgage is made. It is an interest in the land which the mortgagor...
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19th May

Most recent Charging orders over land content

Q&As
Can you apply for security by way of a charging order over land against an individual who is the beneficiary, to said property, under a Will?Until the...
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6th Jun
Q&As
When applying for a charging order on behalf of a management company in respect of service charges owed by a leaseholder, does the freeholder need to...
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Produced in partnership with Mark O’Grady of Lamb Chambers 6th Jun
Q&As
Will an order for sale made by the court in matrimonial proceedings take priority over subsequent charging orders obtained and registered against the...
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6th Jun
Q&As
What protection does a registered interim charging order offer a judgment creditor in the event of the sale of the relevant property? Is the judgment...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 6th Jun
Q&As
If property is held on the basis of a joint tenancy by two individuals and an interim charging order is issued against the interest of one of the...
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Produced in partnership with Anna Metcalfe of St Philips Chambers 6th Jun
Q&As
If an interim charging order has not been registered at HMLR and the final order has been obtained, is it still necessary to register the interim one?...
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Produced in partnership with David Nicholls of Landmark Chambers 5th Jun
Q&As
Does a charging order (interim or final) create an interest in land once protected at the Land Registry correctly? Does it allow the property to be...
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5th Jun
Practice notes
Registration of a charging order over landIntroductionA charging order over land must be protected by registration at every stage of the process of...
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5th Jun
Practice notes
Order for sale—next steps after obtaining an order for saleThis Practice Note provides guidance as to conducting the sale under an order for sale...
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5th Jun
Practice notes
Obtaining a charging order over landThis Practice Note sets out the circumstances in which a charging order over property may be obtained under the...
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5th Jun
Practice notes
Discharging a charging order over landThis Practice Note sets out the procedure for discharging a charging order over property, including the removal...
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5th Jun

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