Guidance

Transfer under a chargee's power of sale (PG75)

Information about registering transfers of a registered estate. Aimed at lenders and conveyancers (practice guide 75).

From:
HM Land Registry
Published
6 June 2012
Last updated
1 August 2022 — See all updates

Applies to England and Wales

Documents

Practice guide 75: transfer under a chargee's power of sale

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Details

This guide details HM Land Registry practice and requirements relating to the registration of transfers of a registered estate under a chargee’s power of sale. It is aimed at lenders and conveyancers and you should interpret references to ‘you’ accordingly. HM Land Registry staff will also refer to it.

We only provide factual information and impartial advice about our procedures. Read more about the advice we give.

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Updates to this page

Published 6 June 2012
Last updated 1 August 2022 + show all updates

  1. Section 2.2.8 has been amended to refer to restrictions on dispositions under the Economic Crime (Transparency and Enforcement) Act 2022.

  2. Section 4 has been amended to clarify that if a charging order or other equitable charge only charged a beneficial interest, an order under section 90 of the Law of Property Act 1925 cannot create a charge on, vest or allow a transfer of a legal estate.

  3. Section 2.2.2 has been amended to clarify our practice on the cancellation of sub-charges.

  4. Section 1.1 has been updated to reflect our current practice relating to the use of copy documents for an application for first registration. Sections 2.1, 3.1 and 4.1 have been updated to include reference to Land Transaction Tax.

  5. A minor amendment has been made to section 3 to make our practice clearer.

  6. A minor amendment has been made to section 2.2.8 following the amendment of the Form MM restriction by the Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016.

  7. Section 2.2.5 has been further amended to clarify when an entry in the register in respect of an estate contract will be cancelled where the charge precedes the contract.

  8. Section 2.2.5 has been expanded to clarify when a notice in respect of the burden of an estate contract will be removed from the register automatically on registering the transfer.

  9. Section 2.2.8 has been amended to explain what is required where a restriction in standard Form QQ has been entered in the register.

  10. Link to the advice we offer added.

  11. Added translation

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