Unregistered land - equitable rights to register (Land Charges)

Class A land charge

Financial charge created by statute, such as rent charged by a landlord.

• Application must be made to secure the charge.

• Memory: A = application required.

Class B land charge

Financial charge created by statute.

• No application is needed; the charge applies automatically.

• Example: costs of legal aid.

• Memory: B = by itself.

Class C(i) land charge

A puisne mortgage.

• Second or subsequent mortgage of unregistered land.

• Title deeds are retained by the first mortgagee.

• Must be registered as a land charge to protect the mortgagee's interest.

• Memory: C(i) = subsequent mortgage.

Class C(ii) land charge

A limited owner's charge.

• Usually arises where someone who owns land under a settlement has spent money on the property.

• Memory: C(ii) = limited owner's expenditure.

Class C(iii) land charge

A general equitable charge.

• Memory: C(iii) = general equitable charge.

Class C(iv) land charge

An estate contract.

Examples:

• Contract to purchase land after exchange.

• Option to purchase.

• Right of first refusal / pre-emption.

Memory: C(iv) = contract.

Class D(i) land charge

An Inland Revenue charge.

• Usually relates to unpaid inheritance tax.

• Memory: D(i) = tax charge.

Class D(ii) land charge

A restrictive covenant affecting unregistered land.

Examples:

• Not to build.

• Not to use the property for business.

• Not to keep caravans on the land.

Memory: D(ii) = restrictive covenant.

Class D(iii) land charge

An equitable easement affecting unregistered land.

• A legal easement is not registered as D(iii).

• Memory: D(iii) = equitable easement.

Class E land charge

An annuity:

• Created before 1 January 1926; and

• Not registered on the Annuities Register.

Memory: E = elderly annuity.

Class F land charge

A charge created by the Family Law Act 1996.

• Protects statutory home rights of occupation in the matrimonial or civil-partnership home.

• Memory: F = family home rights.