Enforceability of Third Party Rights in the Unregistered System - The Land Charges System

9 important questions on Enforceability of Third Party Rights in the Unregistered System - The Land Charges System

What is the relevance of the Land Charges Register in relation to third party rights?

The Land Charges Register registers third party rights affecting unregistered land.

Who should register the third party interests and who do the interests apply to (s3 Land Charges Act 1972)?

Registered by the person with the interest against the owner who created the interest and whose land is to be burdened by it.

Can all third party rights be registered on the Land Charges Register? If they can, which act are they listed under and what happens to other interests that fall outside the Land Charges Register?

Not all third party rights can be registered on the Land Charges Register. Interests that are registrable are listed in the Land Charges Act 1972 and other interests that fall outside fall under the pre-1926 rules.
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When identifying the rights/interests that are capable of being registered as land charges, is a restrictive covenant a land charge and what class of land charge is it registered as?

A restrictive covenant is registered as a Class D (ii) land charge (s2(5) of the Land Charges Act 1972). Restrictive covenants created before 1926 and contained in leases (has to be an owner of a freehold) will not be registered as land charges.

If a spouse claims rights in a property, what land charge class can they fall under (s2(7 LCA 1972)?

A statutory right of the non-owning spouse to occupy the matrimonial home (s 30 of the Family Law act 1996).

Will the buyer be bound by third party rights that are registered on the land charge register (LPA 1925, s198)?

Registration of the land charge on the Land Charges Register constitutes actual notice of the interest and will bind the purchaser (LPA, s198).

When must the land charge be registered in order to bind the purchaser?

The land charge must be registered by the date of completion of the sale. In unregistered land, this means the date of the conveyance. This cannot be done after.

If the rights/interests are not registered as land charges on the land register, will the buyer be bound (s4 LCA 1972)?

Purchasers are not bound if the land charge is not registered (s4 LCA 1972).

What does the term 'purchaser' mean for the purposes of the (LCA 1972)?

Includes a mortgagee and a lessee but not a person who receives the property as a gift.

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