§ CLASS G LAND CHARGE: AMENDMENT OF OTHER ACTS
§
Land Charges Act 1972 (c. 61)
§
32.—(1) In section 2 of the Land Charges Act 1972 (the register of land charges) after subsection (7) there shall be inserted the following subsection—
(7A) A Class G land charge is a land charge registrable under paragraph 23 of Schedule (Matrimonial Homes (Co-ownership)) to the Family Law Act 1996.
(2) At the end of section 4 of the Land Charges Act 1972 there shall be inserted the following subsection—
(9)(a) A land charge of Class G (as described in paragraph 23(3) of Schedule "(Matrimonial Homes (Co-ownership)) to the Family Law Act 1996) shall, as against a purchaser of the land to which it relates, or of any interest in such land, be unenforceable unless the land charge is registered in the appropriate register before the completion of the purchase.
(b) Accordingly, unless the land charge is so registered before the completion of the purchase, the purchase shall overreach the beneficial interest of the person for whose benefit the land charge is registrable whether or not the requirements of section 27(2) of the Law of Property Act 1925 (capital money not to be paid to a single individual as trustee) are complied with.
(c) Unless the land charge is so registered before completion of the purchase, the purchase shall not as against the purchaser require that person's consent under paragraph 21 of Schedule (Matrimonial Homes (Co-ownership)) to the Family Law Act 1996.
§
Law of Property Act 1925 (c. 20)
§
33. At the end of section 2(3)(v) of the Law of Property Act 1925 (interest protected by registration not to be over-reached under section 2(2) of that Act, but subject to the exceptions in paragraphs (a) and (b) of the said paragraph (v)) there shall be inserted the following paragraph—
(c) an equitable interest registrable as a land charge of Class G".
§
County Courts Act /959 (c. 22)
§
34. In Schedule I to the County Courts Act 1959 (county court jurisdiction under section 1(6) of the Land Charges Act 1972) in column 2 against section 10(8) of the Land Charges Act 1925 (re-enacted in the said section 1(6) for the words "or Class E" there shall be substituted the words "Class E or Class G".
-
cc1439-44
- CHAPTER II 2,104 words