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LandChargesAct,1925.
[15GEO.5. Cii. 22.]
ARRANGEMENT OFSECTIONS. A.D.1925.
PRELIMINARY. Section.
- Registersatthelandregistry.
PARTI. PENDINGAcTIolcs.
- Register ofpendingactions.
- Protection of^ purchasers^ against^ unregistered pendingactions.
PARTII. ANNUITIES. 4.. Registerofannuities.
5. Protectionofpurchasers,&c.againstunregistered
annuities.
PARTIII. WRITSANDORDERSAFFECTINGLAND.
- Registerofwritsandordersaffectingland.
- Protection ofpurchasersagainstunregisteredwrits andorders.
PARTIV. DEEDSOFARRANGEMENT.
- Registerofdeedsofarrangementaffectingland.
- Protectionofpurchasersagainstunregistereddeeds ofarrangement. A
[Cii.22.] (^) LandChargesAct,1925. [15GEO5.]
AD. 1925. (^) PARTV.
LANDCHARGES. Section.
- (^) Registeroflandcharges. ii. Whatlandchargestakeeffectaslegalmortgages.
- Expensesofregisteringlandcharges.
13. Protection of purchasersagainst landcharges
createdaftercertaindates.
- (^) Protection of purchasersagainstalandcharge (ClassesA,BorC)notregisteredwithinone yearfromassignment.
PARTVI.
LOCALLANDCHARGES.
15. Registrationoflocallandcharges.
PARTVII.
SEARCHESANDOFFICIALSEARCHES.
- Powertomakesearches.
- (^) Officialcertificatesofsearch.
PARTVIII.
GENERAL.
- (^) 7Anne,c.20,nottoapp]ytocertaininstruments.
- Generalrules.
- Definitions.
- Effectofregistrationundörany,PartofAct.
- Savingofoverreachingpowers.
- Applicationtoregisteredland.
- Repeals.
- ApplicationtotheCrown
26. Shorttitle,commencementandextent.
SCHEDULE.
[CII.22.] LandCharge8Act, [15GEe.
A.D.1925. PARTI.
AOTIO:NS.
Etegisterof 2.—(1)Apendingaction,thatistosay,anyaction,
pending informationorproceedingpendingincourtrelatingto
actions, landoranyinterestinorchargeonland,andapetition
inbankruptcyfiledafterthecommencementofthisAct,
mayberegisteredintheregisterofpendingactions.
(2)Subjecttogeneralrules,everyapplicationto
registerapendingactionshallcontainparticularsof—
(a)thename,address,anddescriptionoftheestate
ownerorotherpersonwhoseestateorinterest
isintendedtobeaffectedthereby;and
(b)thecourtinwhichtheaction,informationor proceedingwascommencedorfiled;and (c)thetitleoftheaction,informationorproceeding; and (d)thedaywhentheaction,informationorpro- ceedingwascommencedorfiled. (3)Theregistrarshallforthwithentertheparti-
cularsintheregister,inthenameoftheestateowner
orotherpersonwhoseestateorinterestisintendedto
beaffected. (4)Inthecaseofapetitioninbankruptcyfiled
againstafirm,theapplicationtoregisterthepending
action shallstate thenamesandaddressesof the
partners,andtheregistrationshallbeeffectedagainst
eachpartneraswellasagainstthefirm.
(5) feeshallbechargedfortheregistrationof
apetitioninbankruptcyasapendingactionifthe
applicationthereforismadebytheregistrarofthecourt
inwhichthepetitionisfiled.
(6)Thecourt,ifitthinksfit,may,uponthedeter-
minationoftheproceedings,orduringthependency
thereofifsatisfiedthattheproceedingsarenotprosecuted
ingoodfaith,makeanordervacatingtheregistration
ofthependingaction,anddirectthepartyonwhose
behalftheregistrationwasmadetopayaHoranyof
thecostsandexpensesoccasionedbytheregistration
andvacatingthereof. (7)Whenanofficecopyofanorderofdischargeor anacknowledgmentofsatisfaction intheprescribed
[15 GEO. 5.] Charges Act, 1925. [Cu. (^) 22.]
form is lodged with the registrar, he may enter discharge^ A.D. 1925. or satisfaction of the registered pending action to which^ — it refers, and may issue a certificate in the prescribed form of such discharge or satisfaction.
(8) The registration of a pending action shall cease to
have effect at the expiration of five years from the date
of registration, but may be renewed from time to time,
and, if renewed, shall have effect for five years from the
date of renewal.
3.—(1) A pending action shall not bind a purchaser Protection
without express notice thereof unless it is for the time of^ pur-
being registered pursuant to this Part of this Act:
Provided that as respects a petition in bankruptcy,
this subsection only applies in favour of a purchaser^ of^ pending legal estate in good faith, for money or money's worth,^ actions. without notice of an available act of bankruptcy. (2) As respects any transfer or creation of a legal estate, a petition in bankruptcy filed after the commence-
ment of this Act, which is not for the time being
registered as a pending action, shall not be nOtice or evidence of any act of bankruptcy therein alleged.
(3) The title of a trustee in bankruptcy^ acquired
after the commencement^ of this Act^ shall^ be^ void^ as against a purchaser of^ a^ legal^ estate^ in good^ faith^ for money or money's worth without notice of an available
act of^ bankruptcy^ claiming^ under^ a conveyance made
after the date^ of^ registration^ of^ the petition^ in bank-
ruptcy as a pending action, unless, at the date of the
conveyance, either the registration of the pending action is in force, or the receiving order is registered pursuant to Part III. of this Act.
PART II.
ANNUITIES. 4.—(1) No annuity shall be entered in the register^ Register^ of of annuities after the commencement of this Act. annuities.
(2) An annuity before the commencement
of this Act in the register of annuities may remain registered until the entry is vacated in the prescribed manner, on the^ prescribed evidence as to satisfaction, cesser or discharge^ being furnished.
[15 GE0. 5.] Land Charges Act, 1925. [CH.^ 22.]
(2) (^) Every entry made pursuant to this section shall A.D. 1925.
be made in the name of the estate owner or other person —
whose land, if any, is affected by the writ^ or^ order registered. (3) The registration of a writ or order in the said
register ceases to have effect at the expiration of five
years from the date of registration, but may be renewed
from time to time, and, (^) if renewed, shall have effect for 'five years from the date (^) of renewal.
(4) No fee shall be charged for the registration of a receiving order in bankruptcy if the application therefor is made an official receiver. (5) The registration of a writ or order affecting land may be vacated pursuant to an order of the court or^ a judge thereof. (6) When an office copy of an order for discharge, or (^) an acknowledgment of satisfaction in the prescribed form, (^) is lodged with the registrar, he may enter dis- charge or satisfaction (^) of the registered writ or order to
which it refers, and may issue a certificate in the
prescribed form of such discharge or satisfaction.
7.—(l) Every such writ and order as is^ mentioned^ Protection in the last preceding section, and^ every^ delivery^ in^ of^ pur. execution or (^) other proceeding taken pursuant to any such writ (^) or order, or in obedience thereto, shall be void as against (^) a purchaser of the land unless the writ (^) writs and or order is (^) for the time being registered pursuant to this orders.
Part of this Act
Provided that as respects^ a^ receiving^ order^ in bankruptcy, (^) this subsection oniy applies in favour of a purchaser (^) of a legal estate in good faith, for money or money's worth, without notice of an available act of bankruptcy.
(2) The title of a trustee in bankruptcy acquired
after the commencement^ of^ this^ Act^ shall^ be^ void^ as against (^) a purchaser of a legal estate in good faith for money (^) or money's worth without notice of an available act' of bankruptcy, claiming^ under^ a conveyance made after the date of registration of the petition in bankruptcy
as a pending action, unless, at the date of the conveyance,
either (^) the registration of the pending action is in force
or the receiving order is registered pursuant to this Part
of this (^) Act.
[OH.. 22.] Land Charges Act, 1925. [15^ GEO.^ 5.]
A.D. 192g. PART IV.
DEEDS OF RRANGEMENT. Register of (^) 8.—(1) A deed (^) of arrangement affecting land may deeds of (^) be (^) registered in the register of deeds of arrangement arrange- (^) affecting land, in (^) the name of the debtor. ment affecting (^) (2) The registration may be made on the application
land, of a trustee of the deed, or of a creditor assenting to or
taking the benefit of the deed.
(3) The^ registration^ may^ be^ vacated pursuant^ to^ an
order of the court or a judge thereof.
(4) The registration of a deed of arrangement in^ the
said register shall cease to have effect at the expiration^ of
five years from the date of registration, but^ may^ be
renewed from time to time, and if renewed shall^ have effect for five years from the date of renewal: Provided that nothing in this subsection shall^ affect any registration made under any^ enactment^ replaced
by this Act until the expiration of one^ year^ .from^ the
commencement of this Act.
Protection (^) 9. Every (^) deed of arrangement, whether made before of pur.^ or after the commencement of this Act, shall be void as chasers (^) against a purchaser of any land comprised therein or
affected thereby unless the deed is for the time being
deeds of^ registered^ pursuant^ to this^ Part^ of^ this^ Act.
arrange- ment. PART V.
LAND CHARGES. Register of 1O.—(1)^ The following^ classes^ of^ charges^ on,^ or land obligations affecting, land may^ be^ registered^ as^ land charges. (^) charges (^) in the (^) register of land charges, namely :— Class (^) A :—A rent, or annuity, or principal money payable by instalments or otherwise, with. or without
interest, being a charge (otherwise than by deed) upon land
created pursuant to the application of some person
either before or after the commencement of this Act— (i) under the provisions^ of^ any Act^ of^ Parliament,
for securing to any person either the money
spent by him or the costs, charges and expenses incurred by him under such Act, or the money
[OH. 22.] Land Charges Act, 1925. [15 GEO. 5.j
A.D. 1925. (iii) Any (^) other equitable charge, which is not secured
— by a deposit of documents relating to the legal
estate affected and does not arise or affect an
interest arising under a trust for sale or a settle-
ment and is not included in any other class of (^) land charge (in this Act called "a general
equitable charge"); and
(iv) Any^ contract by an estate owner or by a person
entitled at the date of the contract to have
a (^) legal estate conveyed to him to convey or
create a legal estate, including a contract
conferring either expressly or by statutory
implication a valid option of purchase, a right
of pre-emption or any other like right (in this Act referred to as "an estate contract (^) ").
Class D :—A charge or obligation affecting land of any of the following kinds, namely (i) Any charge acquired by the Commissioners of
Inland Revenue under any statute passed or
hereafter to be passed for death duties leviable or (^) payable on any death which occurs (^) after
the commencement of this Act; and
(ii) A^ covenant or agreement (not^ being^ a^ covenant or agreement made between a lessor and lessee) restrictive of the user^ of land^ entered into after the commencement of this Act (in Act referred (^) to as "a restrictive covenant"); and (lii) Any easement right or privilege over or affecting land created or arising after the commencement of this Act, and being merely an^ equitable
interest (in this Act referred to as an^ "equitable
easement").
Class E^ :—An annuity within the^ meaning^ Of^ Part^ II.
of this Act created before the commencement of this
Act and not registered in the register of annuities.
(2) A land charge shall be registered in^ the^ name^ of the estate owner whose estate is^ intended to^ be^ affected
except that, in the case of a land charge registered
before the commencement of Act, under any^ enact- nient replaced by this Act, in^ the^ name^ of^ a person^ not being the estate owner, it may remain^ so^ registered^ until
[15 GEO. 5.] Land Charges Act, 1925.^ [Cu.^ 22.]
it is registered in the name of the estate owner in^ the^ A.D.^ 1925. p:rescribed manner. —-
(3) Where a land charge is not created by an instru- ment, short particulars of the effect of the^ charge shall be furnished with the application to register the^ charge.
(4) Nothing in this section shall be deemed^ to authorise the Commissioners of Inland Revenue^ to register a land charge in respect of any claim for^ death
duties unless the duty has become a charge on^ the^ land,
and the (^) application to register any such charge shall
state the duties in respect of which the^ charge^ is
claimed, and, so far as possible, shall define the^ land
affected, and such particulars shall be entered or^ referred to in the register.
(5) in the case of a land charge for^ securing money, created by a company, registration under section^ ninety- three of the Companies (Consolidation) Act,^ 1908,^ shall^8 Edw.^ 7. be sufficient in place of registration under this Act, and^ 0.^ 69. shall have effect as if the land charge had been^ registered under this Act.
(6) In the case of a general equitable charge,^ restric-
tive covenant, (^) equitable easement or estate contract affecting land^ within auy of^ the three^ riclings,^ the registration in the prescribed manner in the appropriate
local deeds registry of the document creating it shall be
sufficient in place of registration under this. Act, and the registration shall, as respects such land, have effect as if the land charge (^) created by the document had been registered under this Act.
(7) A puisne mortgage created before the^ com- mencement of this Act may be registered as^ a^ land
charge before any transfer of the mortgage is^ made.
(8) The registration of a land charge may be^ vacated pursuant to an order of the court or a judge thereof.
11. A^ land^ charge^ of Class^ A^ or^ Class^ B for^ secur-^ What land
ing money, created ore or after the commencement charges of this Act, shall, when registered, take effect as if it take^ effect had been created by a deed of charge by way of legal^ es
mortgage, but without prejudice to the priority of^ the^ g g
charge.
[15 GEO. 5.] Land Charges Act, 1925. [Cu. 22.]
not be able (^) to enforce or recover the [and charge or any A.D. 1925.
part thereof as against a purchaser of the land charged
therewith, (^) or of any interest in the land, unless the land charge (^) is registered in the appropriate register before the (^) completion of the purchase.
PART VI. LAND CHARGES. 15.—(1) Any charge (hereinafter called^ "a^ local^ Registration land charge acquired either before or^ after^ the^ of^ local land commencement (^) of this Act by the council of any ad- charges. county, metropolitan borough, or urban or rural district, or by the corporation of any municipal
borough, or by any other local authority under the
Public Health Acts, 1875 to 1907, the Metropolis
Management Acts, 1855 to 1893, or the Private Street^ C.
Works Act, 1892, or under any similar statute^ (public
general or local or^ private)^ passed or^ hereafter^ to^ be
passed, which takes effect by virtue of the statute,
shall be registered in the prescribed manner by the proper officer of the local authority, and shall (except as hereinafter mentioned in regard to charges created or arising before the commencement of this Act) be void as against a purchaser for money or money's worth^ of a legal estate in the land affected thereby, unless registered in the appropriate register^ before^ the^ completion of the purchase. (2) Except^ as expressly provided by this^ section,^ the provisions of this Act relating to a land charge^ of Class^ B shall apply to a local land charge. (3) As regards a local land^ charge,^ the registration
by the proper officer^ shall (without prejudice to^ the^ right
of the registrar^ also to register^ the^ charge^ if^ and^ when the prescribed application and^ information^ is^ made^ and furnished to him)^ take the place^ of^ registration^ by^ the registrar, and, in reference thereto, the^ proper^ officer^ of
the local authority shall^ have all^ the^ powers^ and^ be
subject to the same^ obligations^ as^ the registrar^ has^ or is subject to in^ regard to a^ land^ charge.
(4) Where a local authority has expended money for
any purpose which, when the work is completed and^ any requisite resolution is passed or order is made, will^ confer
[CH. 22.] Land Charges Act, 1925. [15 GEO. 51
A.D. a charge upon land, the proper officer of the local authority
—— may^ in^ the meantime register^ a^ local^ land^ charge^ in his register against the land generally, without specifying
the amount,^ but^ the registration^ of^ any^ such^ general^ charge
shall be cancelled^ within^ the^ prescribed time^ not^ being
less than one^ year after^ the^ charge^ is^ ascertained^ and
allotted, and thereupon^ the^ specific^ local^ land^ charges shall, unless^ previously^ discharged,^ be^ registered^ as^ of^ the date on which^ the general charge^ was^ registered. (5) Nothing^ in^ this^ section^ operates to^ impose^ any obligation to register any local land charge created or arising before the commencement of this Act except after the expiration of one year from such commencement or to discharge a purchaser from^ liabifity in^ respect^ of any local land^ charge which^ is^ not^ for^ the^ time^ being required to be^ registered. (6) Separate^ rules^ may^ be^ made^ under this^ Act^ in reference to local^ land^ charges for giving^ effect^ to^ the provisions of^ this^ section^ and^ in^ particular— (a) for^ prescribing^ the^ mode^ of^ registration^ of^ a general or specific charge;
(b) for empowering a local authority, where^ it has no
means (without incurring unreasonable expense) of ascertaining the person against^ whom a specific charge should^ be registered, to register the same only against the land affected; (c) for prescribing^ the proper^ officer^ to^ act^ as^ local registrar, and making^ provision^ as^ to^ official certificates of search^ to be^ given^ by^ him^ in reference to subsisting^ entries^ in his^ register; (d) for^ determining^ the^ effect^ of^ an^ official^ certificate of search^ in regard to^ the^ protection^ of^ a^ pur-
chaser, solicitor, trustee or other person in a
fiduciary position, and for prescribing^ the fees to be paid for any such certificate or for^ a search; (e) for^ prescribing^ the^ fees,^ if^ any, to^ be^ paid^ for
the cancellation of an entry in the register.
(7) For the purposes of this section, any prohibition of or restriction^ on^ the^ user or^ ,mode^ of^ user^ of^ land^ or
buildings enforceable by any local authority by^ virtue of
any stathte or any order, scheme or instrument^ made^ in
pursuance of any statute, and any resolution^ passed^ by
[CII. 22.] Land Charges Act, 1925. [15 GE0. 5.]
A.D. 1925. fraud or collusion, or is wilfully negligent, in the making —— of or otherwise in relation to certificate under this section, he shall be guilty of a misdemeanour and shall be liable on conviction on indictment to imprisonment
for a term not exceeding two years, or on summary
conviction to imprisonment for a term not exceeding
three months or to a fine not exceeding twenty pounds,
or to both such^ imprisonment and^ fine. (6) Nothing in this section or in any rule made under this Act affects any right which any person may have independently of this section to make any search in the registry; and every such search may be made as if
this section or any such rule had not been enacted or
made.
(7) Where a solicitor obtains^ a^ certificate^ of^ result
of search under this section, he shall^ not^ be^ answerable
in respect of any loss that may^ arise from^ error in^ the
certificate. (8) Where the solicitor is^ acting^ for^ trustees,^ exe- cutors, agents, or other persons^ in^ a^ fiduciary position, those persons also shall not^ be^ so^ answerable. (9) Where such^ persons^ obtain^ such^ a^ certificate without (^) a solicitor, they shall also be protected in like manner.
PART VIIJ.
GENERAL.
7 Anne, 18.^ is^ not^ necessary^ to^ register^ under^ the^ Middlesex c. 20, Registry Act, 1708— (a) any deed^ of^ arrangement, land^ charge^ of^ Class^ A instruments: or^ other^ instrument^ made^ or^ created^ on^ or
after the^ thirtieth^ day^ of^ July,^ nineteen
hundred; or
(b) any land charge^ (except^ a^ puisne mortgage)^ of Class B, Class^ C^ or^ Class^ B^ created^ or^ made after the commencement^ of^ this Act; which is or was^ capable^ of^ registration^ under this^ Act, or (^) any enactment replaced by this^ Act.
[15 GEO. 5.] Land Charges Act,^ 1925.^ [Cu.^ 22.
19.—(1) The Lor4^ Chancellor^ may,^ with^ the^ con-^ A.D.^ 1925. eurrence of the Treasury^ as^ to^ fees,^ make^ such^ general rules (^) as may be required for carrying this Act into effect, and in particular—
(a) as to forms and contents^ of^ applications^ for registration, modes of^ identifying^ where^ prac- ticable the land affected, requisitions^ for^ and certificates of official searches,^ and regulating the practice of the registry^ in^ connexion therewith; (b) for providing for the mode^ of^ registration^ of a land charge^ (and in^ the^ ease^ of^ a^ puisne mortgage, general equitable charge, estate con-
tract, restrictive covenant or equitable easement
by reference to the instrument imposing or creating the charge, interest or restriction, or
an extract therefrom) and for the cancellation
without an order of court of the registration of a land charge, on the cesser^ thereof, or^ with the consent of the person entitled thereto,^ or^ on
sufficient evidence being^ furnished^ that^ the land
charge has^ been^ overreached^ under^ the^ pro-
visions of any statute or otherwise.
(2) As respects the registration and re-registration— (a) of a petition in bankruptcy^ as^ a^ pending action; and (b) of a receiving order in^ bankruptcy^ as^ an order
affecting land;
rules may be made under and in^ the manner provided
by section one hundred and thirty-two of^ the^ Bank-.. 4 & s Geo.
ruptcy Act, 1914, as if^ the registration and^ re-registration^ e.^ 59.
were required by that Act.
20. In^ this^ Act,^ unless^ the^ context^ otherwise^ Definitions.
the following expressions^ have^ the^ meanings hereby respectively assigned to them, that^ is^ to say^ :——
(1) "Conveyance" includes a^ mortgage,^ charge,
lease, assent, vesting declaration,^ vesting instrument, release and every other of property, or of an^ interest^ therein,^ by^ any instrument except a^ will,^ and^ "convey"^ has^ a corresponding meaning; (2) "Court" means^ the^ High^ Court^ of^ Justice, also the Court^ of^ Chancery^ of^ the^ County Pala- B 15
[15 GEO. 5.] Land Charges Act, 1925. [OH. 22.]
the commencement of this Act, for the pro- A.D. 1925. tection of the amenities of royal parks, gardens, — and palaces;
(12) "The three ridings" has the same meaning as 47&48Vict..
in the Yorkshire Registries Act, 1884; c. (13) "Tenant for "statutory owner," "vesting instrument" and "settlement" have the same
meanings as in the Settled Land Act, 1925. 15 Geo.^ 5.
c. 18.
21. Where^ any^ charge^ or^ other^ matter^ is^ capable^ of^ Effect^ of
registration under two or more Parts of this Act, it shall registration
be sufficient if it is registered under any one Part, and^ if Partunder any of Act.
registered under such one Part the^ person^ entitled to the
benefit thereof shall not be prejudicially^ affected by^ the provisions of another^ Part by reason^ only^ that^ it^ was
not also registered under^ that^ other^ Part.
22.—(1) The^ registration^ of^ any^ charge,^ annuity,^ or^ Saving other interest under this Act shall not prevent the of^ over- charge, annuity, or interest being overreached^ under any^ reaching
provision contained in any other statute,^ except^ where^
powers.
otherwise provided by that other^ statute.
(2) The registration^ as^ a^ land^ charge^ of^ a^ puisne mortgage or charge shall not operate to prevent that mortgage or charge being overreached in favour of a
prior mortgagee or a person deriving title under him
where, by reason^ of^ a^ sale^ foreclosure or otherwise,^ the right of^ the^ puisne mortgagee or^ subsequent^ chargee to redeem is barred.
23.—(1) As^ respects pending actions, writs,^ orders,^ Application deeds of arrangement and land charges (not including^ to^ registered local land charges) required to be registered^ or re-regis-^ land. tered after the commencement of this Act, this^ Act shall not apply thereto, if and so far as they^ affect registered land, and can be protected under the Land Registration Act, 1925, by lodging or registering a creditor's notice, restriction, caution, inhibition^ or other notice.
(2) Nothing in this Act imposes^ on^ the registrar
any obligation to ascertain whether or^ not^ a^ pending
action, writ, order, deed of arrangement or^ land^ charge affects registered land. C 17
[Cii. 22.] Land Charges Act, 1925. [15 GEO. 5.]
A.D. 1925. (^) 24. The Acts mentioned in the Schedule to this — Act are (^) hereby repealed to the extent specified in the Repeals. (^) third (^) column of that Schedule:
Provided that, without prejudice to^ the provisions
52 & 53 Vict. of section thirty-eight of the Interpretation Act, 1889 : —
- (^) (a) (^) Nothing in this repeal shall affect any entry in a register made under^ any enactment so repealed, but the registration shall have effect as if made under^ this (b) Nothing in this repeal shall affect any rules
made under any enactment so repealed, but
all such rules shall^ continue^ in force^ as if
made under the^ corresponding^ enactment^ in
this Act;
(c) References in any document to any enactment repealed by this Act shall be^ construed as references to this Act or^ to the corresponding enactment in this Act.
Application (^) 25. The provisions of this Act bind the Crown,
to the but nothing in this Act shall be construed as rendering
Crown. land owned by or occupied for the purposes of the
Crown subject to any charge^ to^ which,^ independently
of this Act, it would not be^ subject.
Short title, (^) 26.—(1) This Act may be cited as the Land commence- (^) Charges Act, 1925. ment and extent. (2)^ This Act shall^ come^ into operation^ on^ the^ first
day of January, nineteen hundred^ and^ twenty-six.
(3) This Act^ extends to^ England and^ Wales only.
