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An equitable charge is a non-possessory security over land or other assets created to protect a loan or obligation. A solicitor in this area drafts the charge deed, reviews title to ensure the asset can be charged, negotiates terms with the lender and borrower, and guides registration at the Land Registry to secure priority. They prepare related documents, supervise discharge on repayment, and handle any variations or enforcement steps if the borrower defaults. The work often hinges on the precise wording of the charge and its remedies.
A solicitor’s involvement provides professional accountability, formalities such as the charge deed and related documents, and protection through professional indemnity insurance and compliance oversight. They ensure the charge creates enforceable security, clarify the consequences of default, and manage any related disputes or enforcement steps for the lender or borrower.
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