An agreement to create a charge is treated as constituting an equitable charge (High Court)
Resource type: Legal update: case report
Law stated as at 07-May-2004
Kinane v Mackie-Conteh, 27 April 2004 (High Court, Chancery Division).
The High Court has held that a document, which was alleged to be an agreement to create a charge over property, which agreement did not comply with the requirements of section 2 of the Law of Property (Miscellaneous Provisions) Act 1989, constituted an equitable charge and was enforceable as such as it complied with the provisions of section 53(1) of the Law of Property Act 1925.
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