Land Charges Act 1972

Changes over time for: Section 6

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the Land Charges Act 1972, Section 6.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

6 The register of writs and orders affecting land.E+W

(1)There may be registered in the register of writs and orders affecting land—

(a)any writ or order affecting land issued or made by any court for the purpose of enforcing a judgment or recognisance;

(b)any order appointing a receiver or sequestrator of land;

[F1(c)any bankruptcy order, whether or not the bankrupt’s estate is known to include land,]

F2[(d)any access order under the Access to Neighbouring Land Act 1992.]

[F3(1A)No writ or order affecting an interest under a trust of land may be registered under subsection (1) above.]

(2)Every entry made pursuant to this section shall be made in the name of the estate owner or other person whose land, if any, is affected by the writ or order registered.

[F4(2A)Where a person has died and any such writ or order as is mentioned in subsection (1)(a) or (b) above would apart from his death have been registered in his name, it shall be so registered notwithstanding his death.]

(3)No fee shall be charged for the registration of a [F5bankruptcy order] if the application for registration is made by an official receiver.

(4)Except as provided by subsection (5) below and by [F6section 37(5) of the [F7Senior Courts Act 1981]] and [F8section 107(3) of the County Courts Act 1984] (which make special provision as to receiving orders in respect of land of judgment debtors) every such writ and order as is mentioned in subsection (1) above, and every delivery in execution or other proceeding taken pursuant to any such writ or order, or in obedience to any such writ or order, shall be void as against a purchaser of the land unless the writ or order is for the time being registered under this section.

[F9(5)Subject to subsection (6) below, the title of a trustee in bankruptcy shall be void as against a purchaser of a legal estate in good faith for money or money’s worth unless the bankruptcy order is for the time being registered under this section.]

(6)Where a [F10bankruptcy application or] petition in bankruptcy has been registered under section 5 above, the title of the trustee in bankruptcy shall be void as against a purchaser of a legal estate in good faith for money or money’s worth . . . F11 claiming under a conveyance made after the date of registration, unless at the date of the conveyance [F12either—

(a)the registration of the application or the petition is in force; or

(b)a receiving order on the application or the petition is registered under this section.]

Textual Amendments

F1S. 6(1)(c) substituted by Insolvency Act 1985 (c.65, SIF 66), s. 235(1), Sch. 8 para. 21(3)(a) (with saving in Insolvency Act 1986 (c.45, SIF 66), s. 437, Sch. 11 para. 10)

F2S. 6(1)(d) added (31.1.1993) by Access to Neighbouring Land Act 1992 (c. 23), s. 5(1); S.I. 1992/3349, art. 2.

F3S. 6(1A) inserted (1.1.1997) by 1996 c. 47, s. 25(1), Sch. 3 para. 12(3) (with ss. 24(2), 25(4)); S.I. 1996/2974, art.2.

F4S. 6(2A) inserted (1.7.1995) by 1994 c. 36, ss. 15(4)(5), 20; S.I. 1995/1317, art. 2.

F5Words substituted by Insolvency Act 1985 (c.65, SIF 66), s. 235(1), Sch. 8 para. 21(3)(b) (with saving in Insolvency Act 1986 (c.45, SIF 66), s. 437, Sch. 11 para. 10)

F6Words substituted by Supreme Court Act 1981 (c.54, SIF 37), s. 152(1), Sch. 5

F7Words in Act substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)

F8Words substituted by County Courts Act 1984 (c.28, SIF 34), s. 148(1), Sch. 2 Pt. IV para. 18

F9S. 6(5) substituted by Insolvency Act 1985 (c.65, SIF 66), s. 235(1), Sch. 8 para. 21(3)(c) (with saving in Insolvency Act 1986 (c.45, SIF 66), s. 437, Sch. 11 para. 10)