Are Equitable Charges Overreached?
An Equitable Interest in Land, Like a Charging Order over a Share of Land, Can Only Be Overreached Under the Statute If There Is a Sale of the Legal Interest...
An equitable interest in land, like a charging order over a share of land, can only be overreached under the statute if there is a sale of the legal interest in the property.
Is an equitable charge a registered charge?
An equitable charge cannot be registered in its own right and must be protected by the entry of notice. See Practice Notes: Taking security over land and Floating charges and Land registration—notices and priority under the Land Registration Act 2002.
What does an equitable charge mean?
The Equitable Charge
With lending, the legal charge holders have to give consent for another legal charge over the same property. Consent is not required for an equitable charge.