The Practical Lawyer


Right of way – interpretation

The defendant converted his building into a pub, with the rear yard being a beer garden. He claimed the benefit of a right of way through a passage on his neighbour’s land but the neighbour argued that the right of way did not extend to such an extensive use.

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Charging order – notice

The best protection for a charging order is for it to be noted as a notice in the Register. This is because when a transfer for valuable consideration or a legal charge is registered, the transferee or chargee will usually only be bound by a charging order that has been noted.

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Charging order – restriction

You cannot enter a notice in respect of a charging order that affects only an equitable interest in land. It follows that the LR can give little protection to someone with a charging order against a beneficial share in land.

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Charging order – priority

If a charging order has been granted against the legal estate then it is important to register it without delay (so as to get priority).

Two points to note:

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