An agreement to create a charge is treated as constituting an equitable charge (High Court)

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.

Request a free trial

To access this resource and thousands more, register for a free, no-obligation trial of Practical Law. Register using the button below, telephone +44 (0)20 7202 1220 or e-mail info@practicallaw.com.

A free trial will give you:

Unlimited access to Practical Law online know-how
Thousands of market standard documents and clauses
Daily alerts and weekly update e-mails on key legal developments in your practice area
 

Register

Log in

To access this resource, log in below or register for free access.

Contact us

Our customer services team are available every working day 8.30am to 7pm (GMT).

{ "siteName" : "PLC", "objType" : "PLC_Doc_C", "objID" : "1247247575537", "objName" : "An agreement to create a charge is treated as constituting an eq", "userID" : "2", "objUrl" : "http://uk.practicallaw.com/cs/Satellite/resource/7-107-2592?source=relatedcontent", "pageType" : "Resource", "academicUserID" : "", "contentAccessed" : "false", "analyticsPermCookie" : "2-201d7f9f:1458de921dd:1145", "analyticsSessionCookie" : "2-201d7f9f:1458de921dd:1146", "statisticSensorPath" : "http://analytics.practicallaw.com/sensor/statistic" }