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The different types of land charges that can be registered under the Land Charges Act, 1925, including charges secured by rent or annuity, equitable charges, estate contracts, and charges acquired by the Commissioners of Inland Revenue. The document also discusses the protection of purchasers against land charges created after certain dates and the importance of registration for various classes of land charges. Additionally, it covers the expenses of registering land charges and the effect of registration on purchasers.
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[15GEO.5. Cii. 22.]
PRELIMINARY. Section.
PARTI. PENDINGAcTIolcs.
PARTII. ANNUITIES. 4.. Registerofannuities.
annuities.
PARTIII. WRITSANDORDERSAFFECTINGLAND.
PARTIV. DEEDSOFARRANGEMENT.
[Cii.22.] (^) LandChargesAct,1925. [15GEO5.]
AD. 1925. (^) PARTV.
LANDCHARGES. Section.
createdaftercertaindates.
PARTVI.
LOCALLANDCHARGES.
PARTVII.
SEARCHESANDOFFICIALSEARCHES.
GENERAL.
SCHEDULE.
[CII.22.] LandCharge8Act, [15GEe.
A.D.1925. PARTI.
AOTIO:NS.
mayberegisteredintheregisterofpendingactions.
registerapendingactionshallcontainparticularsof—
(b)thecourtinwhichtheaction,informationor proceedingwascommencedorfiled;and (c)thetitleoftheaction,informationorproceeding; and (d)thedaywhentheaction,informationorpro- ceedingwascommencedorfiled. (3)Theregistrarshallforthwithentertheparti-
beaffected. (4)Inthecaseofapetitioninbankruptcyfiled
action shallstate thenamesandaddressesof the
eachpartneraswellasagainstthefirm.
apetitioninbankruptcyasapendingactionifthe
inwhichthepetitionisfiled.
thereofifsatisfiedthattheproceedingsarenotprosecuted
ofthependingaction,anddirectthepartyonwhose
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
and, if renewed, shall have effect for five years from the
3.—(1) A pending action shall not bind a purchaser Protection
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-
registered as a pending action, shall not be nOtice or evidence of any act of bankruptcy therein alleged.
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
conveyance, either the registration of the pending action is in force, or the receiving order is registered pursuant to Part III. of this Act.
ANNUITIES. 4.—(1) No annuity shall be entered in the register^ Register^ of of annuities after the commencement of this Act. annuities.
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.
(2) (^) Every entry made pursuant to this section shall A.D. 1925.
whose land, if any, is affected by the writ^ or^ order registered. (3) The registration of a writ or order in the said
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
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.
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.
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
either (^) the registration of the pending action is in force
of this (^) Act.
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
(3) The^ registration^ may^ be^ vacated pursuant^ to^ an
(4) The registration of a deed of arrangement in^ the
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
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
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
either before or after the commencement of this Act— (i) under the provisions^ of^ any Act^ of^ Parliament,
spent by him or the costs, charges and expenses incurred by him under such Act, or the money
A.D. 1925. (iii) Any (^) other equitable charge, which is not secured
ment and is not included in any other class of (^) land charge (in this Act called "a general
(iv) Any^ contract by an estate owner or by a person
a (^) legal estate conveyed to him to convey or
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
hereafter to be passed for death duties leviable or (^) payable on any death which occurs (^) after
(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
easement").
(2) A land charge shall be registered in^ the^ name^ of the estate owner whose estate is^ intended to^ be^ affected
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
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
and the (^) application to register any such charge shall
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.
tive covenant, (^) equitable easement or estate contract affecting land^ within auy of^ the three^ riclings,^ the registration in the prescribed manner in the appropriate
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
(8) The registration of a land charge may be^ vacated pursuant to an order of the court or a judge thereof.
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
charge.
not be able (^) to enforce or recover the [and charge or any A.D. 1925.
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
Public Health Acts, 1875 to 1907, the Metropolis
general or local or^ private)^ passed or^ hereafter^ to^ be
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
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
subject to the same^ obligations^ as^ the registrar^ has^ or is subject to in^ regard to a^ land^ charge.
any purpose which, when the work is completed and^ any requisite resolution is passed or order is made, will^ confer
—— may^ in^ the meantime register^ a^ local^ land^ charge^ in his register against the land generally, without specifying
shall be cancelled^ within^ the^ prescribed time^ not^ being
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;
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-
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
(7) For the purposes of this section, any prohibition of or restriction^ on^ the^ user or^ ,mode^ of^ user^ of^ land^ or
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
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
made.
of search under this section, he shall^ not^ be^ answerable
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.
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
(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-
by reference to the instrument imposing or creating the charge, interest or restriction, or
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
charge has^ been^ overreached^ under^ the^ pro-
(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
ruptcy Act, 1914, as if^ the registration and^ re-registration^ e.^ 59.
the following expressions^ have^ the^ meanings hereby respectively assigned to them, that^ is^ to say^ :——
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
the commencement of this Act, for the pro- A.D. 1925. tection of the amenities of royal parks, gardens, — and palaces;
in the Yorkshire Registries Act, 1884; c. (13) "Tenant for "statutory owner," "vesting instrument" and "settlement" have the same
c. 18.
benefit thereof shall not be prejudicially^ affected by^ the provisions of another^ Part by reason^ only^ that^ it^ was
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
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
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
action, writ, order, deed of arrangement or^ land^ charge affects registered land. C 17
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:
all such rules shall^ continue^ in force^ as if
(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,
Crown subject to any charge^ to^ which,^ independently
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
(3) This Act^ extends to^ England and^ Wales only.