Land Charges

Land Charges in Europe

Definition of Land Charges

Under the Land Charges Act, 1925, the following registers will be kept in the Land Registry : (1) A register of pending actions in which any proceeding pending in Court relating to land and a petition in bankruptcy may be registered. An unregistered pending action will not bind a purchaser without express notice, and an unregistered bankruptcy petition will not prejudice a purchaser for value of a legal estate without notice of an act of bankruptcy. (2) A register of annuities which have been already registered under former Acts. (3) A register of writs and orders in which judgments and writs of elegit, including those in favour of the Crown, orders appointing a receiver or sequestator and receiving orders in bankruptcy may be registered. Such writs and orders will be void as against a purchaser unless registered, but as regards a receiving order, only in the case of a purchaser for value in good faith of a legal estate without notice of an act of bankruptcy. (4) A register of deeds of arrangement. They will require to be re-registered every five years. (5) A register of land charges of the following classes :
(A) and (B) A rent or annuity or principal money payable by instalments or otherwise, with or without interest, being a charge upon land created (a) under the provisions of any Act for securing to any person either the money spent or costs incurred under that Act, e.g., Improvement of Land Act, 1864, or (b) under other statutes such as the Agricultural Holdings Act, 1923, and the Tithe Acts
(C) A puisne mortgage, a limited owner’s charge, a general equitable charge, and an estate contract
(D) A death duties charge, a restrictive covenant, and an equitable easement
(E) An annuity created before 1926 and unregistered.
Such charges are in general void against a purchaser if arising after 1925 and unregistered, or if not registered within twelve months of the first conveyance after 1925

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Definition of Land Charges is, temporally, from A Concise Law Dictionary (1927). This page needs to be proofread.

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