Jurisdiction(s):
United Kingdom

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Key definition

Equitable charge definition

What does Equitable charge mean? An equitable charge is a form of security by which specified property is made available to satisfy a debt or other obligation, without transferring legal title or creating a legal mortgage. In practice it is used over land, shares and other assets, commonly where the parties intend security but the formalities for a legal charge are not met, or where security is taken over an equitable interest. It is a descriptive, case law-derived concept; some statutes (for example on charging orders) treat the order as creating an equitable charge. Key features include: no conveyance of the legal estate;...

Joint tenants: equitable charge to co-owner lender—s.23 LRA 2002

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Section 23 of the Land Registration Act 2002 (LRA 2002) states that:

The owner’s powers concerning a registered estate comprise:
- authority to carry out any disposition allowed by the general law for an interest of that nature, except a mortgage by demise or sub-demise; and
- authority to charge the estate at law to secure the payment of money.

At first glance, these powers appear extremely broad; nevertheless, it is evident that they are qualified by a constraint relating to the ability to grant charges over the land...

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Web page updated on 27/05/2026

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