Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Priority definition

What does Priority mean? Priority describes the order in which competing proprietary rights and security interests take effect against an asset and the sequence in which secured creditors are paid on enforcement or insolvency. It is a cross‑context concept informed by statute and case law (for example, land registration legislation, companies legislation on registration of charges, and equitable rules on notice). In practice, priority is usually set by time and method of perfection: creation and registration of mortgages/standard securities over land (e.g. under the Land Registration Act 2002 in England and Wales and the 2012 Scottish legislation), registration of company charges (at Companies House under...

Charging orders over land: registration and priority for legal and beneficial interests in registered and unregistered land (England and Wales)

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Practice notes

Introduction

A charging order affecting land needs safeguarding by registration at each step in obtaining it, to preserve its precedence over rival interests and, crucially, to avoid it being ineffective against a purchaser for value. That said, the appropriate method of protection—and, on one occasion, whether any protection is possible—depends on the nature of the charged land interest. For registration, the critical divide is between an order attaching to the legal estate and one securing a beneficial interest under a trust of land. The importance of this difference is addressed under Protecting the charging order below...

Protecting an application for a charging order

Registered land

Under the Land Registration Act 2002 (LRA 2002), a pending land action takes its meaning from section 17 of the Land Charges Act 1972 (LCA 1972), namely ‘any action or proceeding pending in court relating to land or any interest in or charge on land’...

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Web page updated on 21/05/2026

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