Land Charges Act 1972

Land Charges Act 1972[a]
Act of Parliament
coat of arms
Parliament of the United Kingdom
Long titleAn Act to consolidate certain enactments relating to the registration of land charges and other instruments and matters affecting land.
Citation1972 c. 61
Territorial extent England and Wales[b]
Dates
Royal assent9 August 1972
Commencement29 January 1973[c]
Other legislation
Amends
Repeals/revokesSee § Repealed enactments
Amended by
Status: Amended
Text of statute as originally enacted
Revised text of statute as amended
Text of the Land Charges Act 1972 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Land Charges Act 1972 (c. 61) is an act of the Parliament of the United Kingdom that updates the system for registering charges on unregistered land in England and Wales. It repealed and updated parts of the Land Charges Act 1925 (15 & 16 Geo. 5. c. 22) and other legislation affecting real property.

Background

In the early 20th century, a package of reforms were made to register land in England and Wales to make conveyancing cheaper and simpler, and free land to the market. The main legislation was the Land Registration Act 1925 (15 & 16 Geo. 5. c. 2210), the Law of Property Act 1925 (15 & 16 Geo. 5. c. 20), the Trustee Act 1925 (15 & 16 Geo. 5. c. 19), and the Settled Land Act 1925 (15 & 16 Geo. 5. c. 187). However, much land was to remain unregistered. Instead, for land which was not yet registered, people could choose to explicitly register interests under the Land Charges Act 1925 (15 & 16 Geo. 5. c. 22), and so secure better protection than the common law might provide against a bona fide purchaser without notice of any equitable interest to be protected.

A local land charge is a restriction or prohibition imposed on a particular piece of land, which is binding on current and future owners and occupiers of the land. The purpose of the charge is either to secure payment of a sum of money, or to limit the use of the land.[1]

In 1972, the 1925 act was updated into the present scheme.

Provisions

Repealed enactments

Section 18(3) of the act repealed 7 enactments, listed in schedule 5 to the act.[2]

Citation Short title Extent of repeal
15 & 16 Geo. 5. c. 22 Land Charges Act 1925 Sections 1 to 14, except section 10(6).
Section 15(6).
Section 16(2).
Section 17.
Section 19(2).
In section 20, paragraphs (1), (3), (5) and (7), in paragraph (10) the words "'registry' means His Majesty's Land Registry," and paragraphs (11) and (13).
Sections 21 to 23.
In section 24, paragraph (b).
16 & 17 Geo. 5. c. 11 Law of Property (Amendment) Act 1926 Section 4.
In the Schedule, the first entry relating to section 10 of the Land Charges Act 1925.
26 Geo. 5 & 1 Edw. 8. c. 43 Tithe Act 1936 Section 13(10).
11 & 12 Geo. 6. c. 63 Agricultural Holdings Act 1948 In Schedule 7, paragraph 3.
1967 c. 75 Matrimonial Homes Act 1967 Section 2(6), except so far as it relates to paragraphs 1 and 4 of the Schedule.
In the Schedule, paragraphs 2 and 3.
1969 c. 59 Law of Property Act 1969 Section 25(7).
Sections 26 and 27.
1971 c. 54 Land Registration and Land Charges Act 1971 Sections 5 to 11.
In section 12, the words from "and for" to the end of the section.
In section 15(1), paragraph (b) and the word "and" immediately preceding it.
In section 15(2), the words from "and Part II" to the end of the subsection.
In section 15(3), the words "Without prejudice to subsection (2) above".
Schedule 1.

See also

Notes

  1. ↑ Section 19(1).
  2. ↑ Section 19(3).
  3. ↑ Section 19(2). The Land Charges Act 1972 (Commencement) Order 1972 (SI 1972/2058).

References

  1. ↑ Babergh District Council, Local land charges information, accessed 7 February 2024
  2. ↑ "Land Charges Act 1972", legislation.gov.uk, The National Archives, 1972 c. 61
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