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Is the debtor the only owner of the property please?

Thanks. His wife is presumably not a party to the debt?

Thanks.

This is known as an equitable charge.

A legal charge (a little like a mortgage) cannot be registered where the debtor owns a house jointly because it is not possible for you to claim against the coowners share. A equitable charge just effects the debtors share of the property.

The restriction will prevent the property being transferred without notice being given to you first. In practice a buyer will make enquiries as to what the restriction represents and will want assurances and an undertaking from the sellers solicitor that the same will be removed before completion.

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What form of restriction did you register please? Was it the form K restriction , namely "No disposition of the registered estate, other than a disposition by the proprietor of any registered charge registered before the entry of this restriction, is to be registered without a certificate signed by the applicant for registration or their conveyancer that written notice of the disposition was given to [name of person with the benefit of the charging order] at [address for service], being the person with the benefit of [an interim or a final] charging order on the beneficial interest of [name of judgment debtor] made by the [name of court] on [date] (Court reference [insert reference])."

Thanks. In order to transfer the title to the new owner the solicitor would have needed to give a certificate to the land registry that you had been notified. They needn't have told you before exchange but the property could not have been transferred without that certificate being provided. Land Registry practice guide 19 gives further information.

Equitable charges are not of great value for a determined debtor to get around I am afraid.

You can still pursue the debtor for the debt and consdier a range of enforcement methods against him

Is there anything else I can help you with?

The buyer cannot be held liable as from what you say the property was sold by two owners and therefore any interest you had in the property is overreached.

Notice need not be given before the transfer of the property at H M Land Registry because there is nothing in law that compels them to do so and this is reflected in the wording of the restriction.

You can still pursue the sellers of the property for the debt you are owed. If they owe more than £750 to you and you believe they have net assets, you could consider pushing for bankruptcy

There are other enforcement options too which can be more effective than an equitable charge.

Can I help you with anything further?