If a charging order has been granted against the legal estate then it is important to register it without delay (so as to get priority).

Two points to note:

• as soon as an interim charging order has been made, the judgment creditor can apply for the relevant notice or restriction. Applications cannot be made by fax, but the priority of the application can be protected immediately over the phone by making an outline application; 

• an application to the court for a charging order to be made against the legal estate will constitute a ‘pending land action’ and so may be the subject of a notice in the register even before a charging order is made. This would usually be a unilateral notice application stating the date on which the action was issued, the court name and reference, and confirmation that a charging order is sought against the legal estate (rather than a mere beneficial share). Remember that an action for a charging order against an undivided beneficial share would not be a pending land action and so could not be noted.