Land charge, means a rent or annuity or principal moneys charged otherwise than by deed upon land under (English) Act of Parliament for securing to any person, the money spent by him, or under that Act, as a charge under the Land Drainage Act, 1861 (see DRAINAGE), or s. 20 of the Agricultural Holdings Act, 1923, for repayment of compensa-tion of tenant's improvements. See s. 4 of the Land Charges Registration and Searches Act, 1888 (51 & 52 Vict. c. 51), by s. 12 of which a 'land charge,' created after the commencement of that Act-i.e., after 1st January, 1889-is void against a purchaser for value of the land charged therewith, unless it has been registered in the 'Register of Charges,' in the manner mentioned in that Act, since transferred to the Land Registry by virtue of the Land Charges Act, 1900 (63 & 64 Vict. c. 26), repealed by the Land Charges Act,1925. By this Act the system of compulsory registration of charges over land has been greatly extended and no purchaser of land would be well advised to forego a preliminary search for such charges, both in the Land Registry and the local registries. The search is essential for the ascertainment of title.
Five registers are kept at the Land Registry at Red Lion Square, in addition to those kept under former statutes: (1) Lis Pendens (see that title); (2) annuities existing before the 1st January, 1926 (now closed, see Class E, infra); (3) writs and orders affecting land, and (4) DEEDS OF ARRANGEMENT (see that title), as defined by the (English) Deeds of Arrangement Act, 1914 (4 & 5 Geo. 5, c. 47); the 5th, Land Charges, has been subjected to great changes. This register is made up (see s. 10 of the Act) of Class A, Statutory Land Charges, Class B, similar charges not made on the application of any person, if created or conveyed after 1925, and not being local land charges. Class C (i) every first and subsequent mortgage if created after 1925 or if created before 1926, acquired under a conveyance made after 1925, of a legal estate except mortgages protected by a deposit of deeds, or within the jurisdiction of a district registry, such as Yorkshire, and registered there, and mortgages and charges registered under the Companies Act, 1929. (ii) Limited or statutory owner's charges. (iii) Every equitable charge which is not (a) protected by a deposit of deeds, or (b) arising from or affecting an interest under a trust for sale or Settlement, or (c) included in another class of land charge; (iv) estate contracts (q.v.). The fourth, Class D, in this register affects (i) Inland Revenue charges for death duties, (ii) restrictive covenants created after 1925 except covenants in leases, and (iii) easements, rights and privileges created after 1925; Class E, annuities created before 1926 and registered after 1925. Pending actions, writs and orders affecting land and deeds of arrangement must be registered a new every five years. Failure to register charges created after 1888 under Class A avoids the charge against any purchaser of land if not registered before completion of purchase; under Class B, or Class C, mortgages, limited or statutory owner's charges and equitable charges, failure to register avoids the same charge against any purchaser of the land charged or any interest therein; and failure to register estate contracts or charges in Class D will avoid the charge only against the purchaser of a legal estate for money or money's worth. It should be remembered that purchaser under the Land Charges Act, 1925, means any purchaser for valuable consideration unless he is referred to otherwise, e.g., as a purchaser for money's worth (ss. 13 and 20, ibid., see PURCHASER). The Registration of Land Charges under the Land Charges Act must not be confused with registration of charges on registered land or notice of incumbrances or equitable interests on or in registered land which can be registered or noted under the (English) Land Registration Act, 1925. Registration under the (English) Land Charges Act, 1925, or under the (English) Companies Act, 1929, s. 79, does not, as against registered purchasers or incumbrancers, protect charges which should be registered or noted under the (English) Land Registration Act, 1925. See s. 23, (English) L.C. Act, 1925, and see (English) Land Charges Act, 1925; also LOCAL LAND CHARGES and NOTICE.