Land Charges Registration and Searches Act 1888
| Jurisdiction | UK Non-devolved |
| Citation | 1888 c. 51 |
| Year | 1888 |
Land Charges Registration and Searches Act, 1888
(51 & 52 Vict.) CHAPTER 51.
An Act for registering certain Charges on Land, and for facilitating Searches for them.
[24th December 1888]
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:
.IntroductoryPart I.—
1 Short title.
1. This Act may be cited as theLand Charges Registration and Searches Act, 1888.
2 Commencement.
2. This Act shall come into operation on the first day of January one thousand eight hundred and eighty-nine, which day is in this Act referred to as the commencement of this Act: Provided that any rules under this Act may be made, and any other thing for the purpose of bringing this Act into operation may be done, at any time after the passing thereof, but any such rules or thing shall not take effect until the commencement of this Act.
3 Extent.
3. This Act shall not extend to Scotland or Ireland.
4 Interpretation.
4. In this Act:
‘Land’ includes lands, messuages, tenements, and hereditaments corporeal and incorporeal of any tenure.
‘Purchaser for value’ includes a mortgagee or lessee, or other person who for valuable consideration takes any interest in land or in a charge on land, and ‘purchase’ has a meaning corresponding with purchaser.
‘Person’ includes a body of persons corporate or unincorporate.
‘Prescribed’ means prescribed by any general rules made in pursuance of this Act.
‘Act of Parliament’ includes local and personal Act.
‘Land charge’ means a rent or annuity or principal moneys payable by instalments, or otherwise, with or without interest charged, otherwise than by deed, upon land, under the provisions of any Act of Parliament, for securing to any person either the moneys spent by him or the costs, charges, and expenses incurred by him under such Act, or the moneys advanced by him for repaying the moneys spent, or the costs, charges, and expenses incurred by another person under the authority of an Act of Parliament, and a charge under the thirty-fifth section of the Land Drainage Act, 1861, or under the twenty-ninth section of the Agricultural Holdings (England) Act, 1883, but does not include a rate or scot.
‘Deed of arrangement’ has the same meaning as in the Deeds of Arrangement Act, 1887.
‘Judgment’ does not include an order made by a court having jurisdiction in bankruptcy in the exercise of that jurisdiction, but, save as aforesaid, includes any order or decree having the effect of a judgment.
Registration of Writs and Orders affecting Land.Part II.—
5 Register of writs and orders affecting land.
(1)5.—(1.) There shall be established and kept at the Office of Land Registry a register of writs and orders affecting land, and there may be registered therein, in the prescribed manner, any writ or order affecting land issued or made by any court for the purpose of enforcing a judgment, statute, or recognizance, and any order appointing a receiver or sequestrator of land.
(2) (2.) Every entry made in pursuance of this section shall be made in the name of the person whose land is affected by the writ or order registered.
(3) (3.) The registration of a writ or order in pursuance of this Act shall cease to have effect at the expiration of five years from the date of the registration, but may be renewed from time to time, and, if renewed, shall have effect for five years from the date of the renewal.
(4) (4.) Registration of a writ or order in pursuance of this section shall have the same effect as, and make unnecessary, registration thereof in the Central Office of the Supreme Court of Judicature in pursuance of any other Act.
6 Protection of purchasers against non-registered writs and orders.
6. Every such writ and order as is mentioned in section five, and every delivery in execution or other proceeding taken in pursuance of any such writ or order, or in obedience thereto, shall be void as against a purchaser for value of the land unless...
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