Orders for sale following charging orders over land

by Practical Law Dispute Resolution

Maintained | England, Wales

A note covering the procedure for obtaining an order for sale to obtain realisation of funds after obtaining a charging order over land. A related note provides a guide to charging orders. Note that if the charging order is over a beneficial interest in land subject to a trust (in other words, where the debtor is a joint beneficial owner), the application for an order for sale must be made under section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TLATA 1996) and the court will exercise its discretion under section 15. For more detail regarding that, see Practice note, Trusts of Land and Appointment of Trustees Act 1996: making a court application under section 14.

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