Land Charges Act 1972

JurisdictionUK Non-devolved
Citation1972 c. 61


Land Charges Act 1972

1972 CHAPTER 61

An Act to consolidate certain enactments relating to the registration of land charges and other instruments and matters affecting land.

[9th August 1972]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Preliminary

Preliminary

S-1 The registers and the index.

1 The registers and the index.

(1) The registrar shall continue to keep at the registry in the prescribed manner the following registers, namely—

(a ) a register of land charges;

(b ) a register of pending actions;

(c ) a register of writs and orders affecting land;

(d ) a register of deeds of arrangement affecting land;

(e ) a register of annuities,

and shall also continue to keep there an index whereby all entries made in any of those registers can readily be traced.

(2) Every application to register shall be in the prescribed form and shall contain the prescribed particulars.

(3) Where any charge or other matter is registrable in more than one of the registers kept under this Act or is registrable in one or more of those registers and also in a register kept under the Land Charges Act 1925 (registers of local land charges), it shall be sufficient if it is registered in one register, and if it is so registered the person entitled to the benefit of it shall not be prejudicially affected by the provisions of this Act or that Act applying to any other register.

(4) Schedule 1 to this Act shall have effect in relation to the register of annuities.

(5) An office copy of an entry in any register kept under this section shall be admissible in evidence in all proceedings and between all parties to the same extent as the original would be admissible.

(6) Subject to the provisions of this Act, registration may be vacated pursuant to an order of the court.

(7) In this section ‘index’ includes any device or combination of devices serving the purpose of an index.

Registration in register of land charges

Registration in register of land charges

S-2 The register of land charges.

2 The register of land charges.

(1) If a charge on or obligation affecting land falls into one of the classes described in this section, it may be registered in the register of land charges as a land charge of that class.

(2) A Class A land charge is—

(a ) a rent or annuity or principal money payable by instalments or otherwise, with or without interest, which is not a charge created by deed but is a charge upon land (other than a rate) created pursuant to the application of some person 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 advanced by him for repaying the money spent or the costs, charges and expenses incurred by another person under the authority of an Act of Parliament; or

(b ) a rent or annuity or principal money payable as mentioned in paragraph (a ) above which is not a charge created by deed but is a charge upon land (other than a rate) created pursuant to the application of some person under any of the enactments mentioned in Schedule 2 to this Act.

(3) A Class B land charge is a charge on land (not being a local land charge within the meaning of the Land Charges Act 1925 ) of any of the kinds described in paragraph (a ) of subsection (2) above, created otherwise than pursuant to the application of any person.

(4) A Class C land charge is any of the following, namely—

(i) a puisne mortgage;

(ii) a limited owner's charge;

(iii) a general equitable charge;

(iv) an estate contract;

and for this purpose—

(i) a puisne mortgage is a legal mortgage which is not protected by a deposit of documents relating to the legal estate affected;

(ii) a limited owner's charge is an equitable charge acquired by a tenant for life or statutory owner under the Finance Act 1894 or any other statute by reason of the discharge by him of any death duties or other liabilities and to which special priority is given by the statute;

(iii) a general equitable charge is any equitable charge which—

a ) is not secured by a deposit of documents relating to the legal estate affected; and
b ) does not arise or affect an interest arising under a trust for sale or a settlement; and
c ) is not a charge given by way of indemnity against rents equitably apportioned or charged exclusively on land in exoneration of other land and against the breach or non-observance of covenants or conditions; and
d ) is not included in any other class of land charge

(iv) an estate contract is a 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 to purchase, a right of pre-emption or any other like right.

(5) A Class D land charge is any of the following, namely—

(i) an Inland Revenue charge;

(ii) a restrictive covenant;

(iii) an equitable easement;

and for this purpose—

(i) an Inland Revenue charge is a charge on land, being a charge acquired by the Board under any enactment (including an enactment passed after this Act) for death duties leviable or payable on any death occurring on or after 1st January 1926;

(ii) a restrictive covenant is a covenant or agreement (other than a covenant or agreement between a lessor and a lessee) restrictive of the user of land and entered into on or after 1st January 1926;

(iii) an equitable easement is an easement, right or privilege over or affecting land created or arising on or after 1st January 1926, and being merely an equitable interest.

(6) A Class E land charge is an annuity created before 1st January 1926 and not registered in the register of annuities.

(7) A Class F land charge is a charge affecting any land by virtue of the Matrimonial Homes Act 1967 .

(8) A charge or obligation created before 1st January 1926 can only be registered as a Class B land charge or a Class C land charge if it is acquired under a conveyance made on or after that date.

(9) Neither a redemption annuity charged by section 3 of the Tithe Act 1936 nor a substituted annuity within the meaning of that Act shall be deemed to be a land charge of any class.

S-3 Registration of land charges.

3 Registration of land charges.

(1) A land charge shall be registered in the name of the estate owner whose estate is intended to be affected.

(2) A land charge registered before 1st January 1926 under any enactment replaced by the Land Charges Act 1925 in the name of a person other than the estate owner may remain so registered until it is registered in the name of the estate owner in the prescribed manner.

(3) A puisne mortgage created before 1st January 1926 may be registered as a land charge before any transfer of the mortgage is made.

(4) The expenses incurred by the person entitled to the charge in registering a land charge of Class A, Class B or Class C (other than an estate contract) or by the Board in registering an Inland Revenue charge shall be deemed to form part of the land charge, and shall be recoverable accordingly on the day for payment of any part of the land charge next after such expenses are incurred.

(5) Where a land charge is not created by an instrument, short particulars of the effect of the charge shall be furnished with the application to register the charge.

(6) An application to register an Inland Revenue 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.

(7) In the case of a land charge for securing money created by a company before 1st January 1970 or so created at any time as a floating charge, registration under any of the enactments mentioned in subsection (8) below shall be sufficient in place of registration under this Act, and shall have effect as if the land charge had been registered under this Act.

(8) The enactments referred to in subsection (7) above are section 93 of the Companies (Consolidation) Act 1908 , section 79 of the Companies Act 1929 and section 95 of the Companies Act 1948 .

S-4 Effect of land charges and protection of purchasers.

4 Effect of land charges and protection of purchasers.

(1) A land charge of Class...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT