web
You’re offline. This is a read only version of the page.
close
Skip to main content


Posted Thu, 22 Aug 2024 11:32:51 GMT by david bates

My client, when he divorced in 2001, entered into a charge to secure monies owed to him by his ex partner. The legal charge has been protected by entering a unilateral notice against the Charges Register of the Property and notice refers to an equitable charge dated 23 July 2001. I have no information as to why it was protected by a Notice of a equitable charge rather then actual registration of the legal charge.
Posted Thu, 22 Aug 2024 12:16:49 GMT by Adam Hookway
David - please see our PG 19 section 2.8.2 for guidance -  Practice guide 19: notices, restrictions and the protection of third-party interests in the register - GOV.UK (www.gov.uk)
Posted Thu, 22 Aug 2024 13:06:03 GMT by david bates
Thank you so much for your very prompt reply....could l ask does the same apply if it was a straightforward Registration of  a Legal Charge
Posted Thu, 22 Aug 2024 13:17:00 GMT by Adam Hookway
David - no a registered legal charge can be transferred in the same way as a property is also transferred.
Your original post refers to a mix of scenarios inc a unilateral notice and an equitable charge. The latter is a noted charge or an Agreed Notice and different to a Unilateral Notice.
Often such 'charges' can't be registered as a legal charge as there's already a first legal charge on the title and the lender, usually the mortgage lender, won;t consent to a second charge being registered - just adding that for info as you seemed unsure as to why the charge you have was registered as it was.
Posted Thu, 22 Aug 2024 13:20:45 GMT by david bates

Your advice is very much appreciated thank you...

Posted Tue, 27 Aug 2024 09:15:29 GMT by david bates

Thank you...just so l am totally clear about things, my wife following divorce so years ago had the house transfered to her with Title Absolute and l have a registered charge to secure moneys owed. l now wish to transfer that registered charge to my children by way of a gift and remove myself from the Charge. Could you advice me which forms to submit to to register this change.

Posted Tue, 27 Aug 2024 10:16:10 GMT by Adam Hookway
David - if you are transferring the legal charge then you'll need forms AP1, TR4 and ID1/ID3 as appropriate
See the online guidance re transferring a registered title but replace TR1 with TR4. 
On all such matters I would always recommend seeking legal advice/assistance as well to understand the legal impact and more as appropriate

You must be signed in to post in this forum.

Sign in