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Law of Property (Miscellaneous Provisions) Act 1994

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This is the original version (as it was originally enacted).

15Registration of land charges after death

(1)The [1972 c. 61.] Land Charges Act 1972 is amended as follows.

(2)In section 3 (registration of land charges), after subsection (1) (registration in name of estate owner), insert—

“(1A)Where a person has died and a land charge created before his death would apart from his death have been registered in his name, it shall be so registered notwithstanding his death.”

(3)In section 5 (register of pending actions), after subsection (4) (entry in name of person whose estate or interest is intended to be affected), insert—

“(4A)Where a person has died and a pending land action would apart from his death have been registered in his name, it shall be so registered notwithstanding his death.”

(4)In section 6 (register of writs and orders affecting land), after subsection (2) (entry in name of estate owner or other person whose land is affected), insert—

“(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.”

(5)The amendments made by this section do not apply where the application for registration was made before the commencement of this section, but without prejudice to a person’s right to make a new application after commencement.

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