Property Data

What is a Charge on a Property? How Mortgages and Loans Are Secured on Title

A legal charge is the mechanism by which a lender secures a mortgage or loan against a property. Understanding charges on title is essential for buyers, sellers, and anyone remortgaging.

Published: 16 Mar 2026 · Updated: 16 Mar 2026 · 6 min read

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What is a Charge on a Property?

A legal charge (formally called a "charge by way of legal mortgage") is a security interest registered against a property at HM Land Registry. When you borrow money secured against your home, through a residential mortgage, a secured loan, or a remortgage, the lender protects its interest by registering a charge against your property's title.

The charge gives the lender the legal right to repossess and sell the property if the borrower defaults on the loan. It does not mean the lender owns the property, ownership remains with the registered proprietor, but it does impose a significant constraint on what the owner can do with the property while the charge is in place.

Where Charges Appear on the Title Register

Charges are recorded in the C: Charges Register section of the HM Land Registry title register. This section also records:

Restrictive covenants (obligations on how the land can be used)
Easements burdening the property (e.g. a neighbour's right of way over part of the land)
Other financial obligations or notices

Any person can obtain an official copy of the title register from HM Land Registry for a small fee, so charges on a property are not secret, they are part of the public register.

First Charge and Second Charge

When multiple lenders have charges against the same property, priority is determined by the order in which the charges were registered:

Charge type	Description	Priority on sale or repossession
First charge	Usually the main mortgage lender	Paid first from sale proceeds
Second charge	Secured loan lender, bridging lender	Paid after the first charge lender
Further charges	Additional loans or equity release	Paid in order of registration

Most homeowners have only a single first charge (their main mortgage). Second charge lending is typically used for home improvements or debt consolidation where the borrower does not wish to remortgage.

Restrictions vs Charges

A restriction on the title register is different from a charge. A restriction limits how the property can be dealt with, for example, requiring the consent of a management company before the property is transferred. Restrictions do not involve money but do affect what a buyer or owner can do with the title.

Common restrictions include:

Lender restrictions (requiring lender consent before registration of a disposition)
Trust restrictions (where a property is held on trust for multiple beneficiaries)
Management company restrictions on leasehold titles

Charges and Property Sales

Before a property sale can complete, all registered charges must either be redeemed (paid off from the sale proceeds) or transferred to the new owner by agreement with the lender. Your solicitor will manage this process, obtaining a redemption statement from each charge holder and ensuring the charges are removed from the register on completion.

If a property has an unexpected charge, perhaps from a forgotten secured loan or an equity release product taken out years ago, this will be revealed during conveyancing and must be resolved before the sale can proceed.

Property Passport UK displays charge information sourced from HM Land Registry's published title data, so you can check whether a property has any registered charges as part of your early-stage due diligence.

Key Points for Buyers

Always ask your solicitor to review the full Charges Register as part of the standard conveyancing searches
Confirm that all charges will be discharged on completion
Understand any restrictions on the title that will remain after purchase