Q&As

A charge holder seeks an order for possession over a property, and a third party with the benefit of a charging order seeks an order for sale over the same property, is there any rule/guidance as to which claim takes precedence or whether one of them would be stayed?

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Produced in partnership with Helen Galley of XXIV Old Buildings
Published on: 05 March 2018
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This Q&A assumes that the land in question is registered at hm land registry and that the chargeholder referred to is a legal chargeholder ie holds a charge over the legal estate in the property and that their charge is registered in the charges register of the property at the Land Registry. The charge may be a first legal charge or a subsequent legal charge. Between themselves, legal charges rank in priority in the order of registration which governs priority in relation to the right of payment. It is usual for a legal charge to provide that the costs of enforcement can be added to the secured sum and recovered from the proceeds of sale with the sum secured. For more information, see Practice Notes: Priority between

Helen Galley
Helen Galley

XXIV Old Buildings

Helen has built up a reputation as a well-respected commercial Chancery practitioner with an emphasis on property and trusts related issues. She has built up extensive and wide ranging expertise in both non contentious and contentious property matters ranging from small scale cases to multi-million pound developments. Helen has also acted in a wide range of commercial and business disputes in areas as diverse as travel, hire purchase, the media, entertainment, IPR, IT and e-commerce. Contentious and non-contentious trusts matters, both on and offshore, are a regular feature of her caseload. Helen is a member of STEP, ACTAPS, the Property Bar Association, the Chancery Bar Association and IAL as well as an accredited mediator. Helen is recommended as 鈥渁 first-rate advocate鈥 in Legal 500 2015 for private client (trusts and probate), partnership and professional negligence. She is said to be 鈥渃onsistently able to provide excellent advice in a charming and friendly style鈥 and is 鈥渞esponsive, hugely supportive and extremely user-friendly鈥.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Charging order definition
What does Charging order mean?

An order whereby a judgment is enforced by securing the judgment debt with a charge on any land or other real property, or securities, owned by the judgment debtor.

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