Part IV E+W Notices, Cautions, Inhibitions and Restrictions

Protection of various InterestsF14E+W

59 Writs, orders, deeds of arrangement, pending actions, &c. E+W

(1)A writ, order, deed of arrangement, pending action, or other interest which in the case of unregistered land may be protected by registration under the M1Land Charges Act 1925, shall, where the land affected or the charge securing the debt affected is registered, be protected only by lodging a creditor’s notice, a bankruptcy inhibition or a caution against dealings with the land or the charge.

(2)Registration of a land charge (other than a local land charge) shall, where the land affected is registered, be effected only by registering under this Act a notice caution or other prescribed entry:

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(4)When a land charge protected by notice has been discharged as to all or any part of the land comprised therein, the notices relating thereto and to all devolutions of and dealings therewith shall be vacated as to the registered land affected by the discharge.

(5)The foregoing provisions of this section shall apply only to writs and orders, deeds of arrangement, pending actions and land charges which if the land were unregistered would for purposes of protection be required to be registered or re-registered after the commencement of this Act under the M2Land Charges Act 1925; and for the purposes of this section a land charge does not include a puisne mortgage . . . F2.

(6)Subject to the provisions of this Act relating to fraud and to the title of a trustee in bankruptcy, a purchaser acquiring title under a registered disposition, shall not be concerned with any pending action, writ, order, deed of arrangement, or other document, matter, or claim (not being an overriding interest [F3or a charge for capital transfer tax subject to which the disposition takes effect under section 73 of this Act]) which is not protected by a caution or other entry on the register, whether he has or has not notice thereof, express, implied, or constructive.

(7)In this section references to registration under the M3Land Charges Act 1925, apply to any registration made under any other statute which, in the case of unregistered land, is by the Land Charges Act 1925, to have effect as if the registration had been made under that Act.

60 Notice of incumbrances registered under the Companies Act.E+W

(1)Where a company, registered under the M4Companies (Consolidation) Act 1908, is registered as proprietor of any estate or charge already registered, the registrar shall not be concerned with any mortgage, charge, debenture, debenture stock, trust deed for securing the same, or other incumbrance created or issued by the company, whether or not registered under that Act, unless the same is registered or protected by caution or otherwise under this Act.

(2)No indemnity shall be payable under this Act by reason of a purchaser acquiring any interest under a registered disposition from the company free from any such incumbrance.

61 Protection of creditors prior to registration of trustee in bankruptcy. E+W

(1)The registrar shall as soon as practicable after registration of a petiton in bankruptcy as a pending action under the M5Land Charges Act 1925, register a notice (in this Act called a creditors’ notice) against the title of any proprietor of any registered land or charge which appears to be affected, and such notice shall protect the rights of all creditors, and unless cancelled by the registrar in the prescribed manner such notice shall remain in force until a bankruptcy inhibition is registered or the trustee in bankruptcy is registered as proprietor.

No fee shall be charged for the registration of the notice.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(3)The registrar shall, as soon as practicable after registration of a [F5bankruptcy order] receiving order in bankruptcy under the M6Land Charges Act, 1925, enter an inhibition (in this Act called a bankruptcy inhibition) against the title of any proprietor of any registered land or charge which appears to be affected.

No fee shall be charged for the registration of the inhibition.

(4)From and after the entry of a bankruptcy inhibition (but without prejudice to dealings with or in right of interests or charges having priority over the estate or charge of the bankrupt proprietor), no dealing affecting the registered land or charge of the proprietor, other than the registration of the trustee in bankruptcy, shall be entered on the register until the inhibition is vacated as to the whole or part of the land or charge dealt with.

(5)If and when a proprietor of any registered land or charge is adjudged bankrupt, his registered estate or interest, if belonging, to him beneficially, and whether acquired before or after the date of adjudication, shall vest in the trustee in bankruptcy in accordance with the statutory provisions relating to bankruptcy for the time being in force.

(6)Where under a disposition to a purchaser in good faith for money or money’s worth such purchaser is registered as proprietor of an estate or a charge, then [F6, notwithstanding that the person making the disposition is adjudged bankrupt,] the title of his trustee in bankruptcy acquired after the commencement of this Act shall, as from the date of such disposition, be void as against such purchaser unless at the date of such disposition, either a creditors’ notice or a bankruptcy inhibition has been registered, but a purchaser who, at the date of the execution of the registered disposition, has notice of [F7the bankruptcy petition or the] adjudication, shall not be deemed to take in good faith.

Nothing in this section shall impose on a purchaser a liability to make any search under the M7Land Charges Act 1925.

(7)Where the estate or assets of a bankrupt proprietor suffer loss by reason of the omission of the registrar to register a creditors’ notice or bankruptcy inhibition, as required by this section, or on account of the execution or registration of a disposition after a petition is registered as a pending action or after [F8a bankruptcy order] is registered and before the registration of a creditors’ notice or bankruptcy inhibition, the trustee in bankruptcy shall be entitled to indemnity as a person suffering loss by reason of an error or omission in the register.

(8)If neither a creditors’ notice nor a bankruptcy inhibition is registered against a bankrupt proprietor, nothing in this section shall prejudicially affect a registered disposition of any registered land or charge acquired by the bankrupt after adjudication F9. . ..

(9)If and when a bankruptcy inhibition is wholly or partially vacated, for any cause other than by reason of the registration of the trustee in bankruptcy, any registered estate or interest vested in the trustee in bankruptcy shall, as respects the registered land or charge to which the vacation extends, be divested and the same shall vest in the proprietor in whom it would have been vested if there had been no adjudication in bankruptcy.

(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

62 Rules to be made as to certain details.E+W

Rules shall be made under this Act—

(a)For postponing the registration of a creditors’ notice or bankruptcy inhibition, where the name, address and description of the debtor [F11or bankrupt]appearing in the application for the registration of the pending action or [F12bankruptcy order] are not identical with those stated in the register, until the registrar is satisfied as to the identity of the debtor [F11or bankrupt];

(b)For requiring the official receiver to notify to the registrar any mistake occurring in the [F12bankruptcy order] or any other fact relevant to any proposed amendment in the register; and for enabling the registrar to make any consequential amendment;

(c)For providing for the whole or partial vacation (subject to notice to the official receiver or trustee in bankruptcy and to his right to appeal to the court) of a bankruptcy inhibition, where F13 . . . the bankruptcy is annulled, or the registrar is satisfied that the bankruptcy proceedings do not affect or have ceased to affect the statutory powers of the bankrupt to deal with the registered land or charge.