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Land Charges Act, 1925: Registration and Effects of Various Land Charges, Lecture notes of Law

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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Land Charges Act, 1925.
[15 GEO. 5. Cii. 22.]
ARRANGEMENT OF SECTIONS. A.D. 1925.
PRELIMINARY.
Section.
1. Registers at the land registry.
PART I.
PENDING AcTIolcs.
2. Register of pending actions.
3. Protection of purchasers against unregistered
pending actions.
PART II.
ANNUITIES.
4.. Register of annuities.
5. Protection of purchasers, &c. against unregistered
annuities.
PART III.
WRITS AND ORDERS AFFECTING LAND.
6. Register of writs and orders affecting land.
7. Protection of purchasers against unregistered writs
and orders.
PART IV.
DEEDS OF ARRANGEMENT.
8. Register of deeds of arrangement affecting land.
9. Protection of purchasers against unregistered deeds
of arrangement. A
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LandChargesAct,1925.

[15GEO.5. Cii. 22.]

ARRANGEMENT OFSECTIONS. A.D.1925.

PRELIMINARY. Section.

  1. Registersatthelandregistry.

PARTI. PENDINGAcTIolcs.

  1. Register ofpendingactions.
  2. Protection of^ purchasers^ against^ unregistered pendingactions.

PARTII. ANNUITIES. 4.. Registerofannuities.

5. Protectionofpurchasers,&c.againstunregistered

annuities.

PARTIII. WRITSANDORDERSAFFECTINGLAND.

  1. Registerofwritsandordersaffectingland.
  2. Protection ofpurchasersagainstunregisteredwrits andorders.

PARTIV. DEEDSOFARRANGEMENT.

  1. Registerofdeedsofarrangementaffectingland.
  2. Protectionofpurchasersagainstunregistereddeeds ofarrangement. A

[Cii.22.] (^) LandChargesAct,1925. [15GEO5.]

AD. 1925. (^) PARTV.

LANDCHARGES. Section.

  1. (^) Registeroflandcharges. ii. Whatlandchargestakeeffectaslegalmortgages.
  2. Expensesofregisteringlandcharges.

13. Protection of purchasersagainst landcharges

createdaftercertaindates.

  1. (^) Protection of purchasersagainstalandcharge (ClassesA,BorC)notregisteredwithinone yearfromassignment.

PARTVI.

LOCALLANDCHARGES.

15. Registrationoflocallandcharges.

PARTVII.

SEARCHESANDOFFICIALSEARCHES.

  1. Powertomakesearches.
  2. (^) Officialcertificatesofsearch.

PARTVIII.

GENERAL.

  1. (^) 7Anne,c.20,nottoapp]ytocertaininstruments.
  2. Generalrules.
  3. Definitions.
  4. Effectofregistrationundörany,PartofAct.
  5. Savingofoverreachingpowers.
  6. Applicationtoregisteredland.
  7. Repeals.
  8. 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 : —

  1. (^) (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.