Local Land Charges Act 1975 Definition of local land charges Local land charges. 1 1 A charge or other matter affecting land is a local land charge if it falls within any of the following descriptions and is not one of the matters set out in section 2 below:— a any charge acquired either before or after the commencement of this Act by a local authority or National Park authority , water authority sewerage undertaker or new town development corporation under the Public Health Acts 1936 and 1937, . . . ,the Public Health Act 1961 or the Highways Act 1980 (or any Act repealed by that Act) or the Building Act 1984 ,or any similar charge acquired by a local authority or National Park authority under any other Act, whether passed before or after this Act, being a charge that is binding on successive owners of the land affected; b any prohibition of or restriction on the use of land— i imposed by a local authority or National Park authority on or after 1st January 1926 (including any prohibition or restriction embodied in any condition attached to a consent, approval or licence granted by a local authority or National Park authority on or after that date), or ii enforceable by a local authority or National Park authority under any covenant or agreement made with them on or after that date, being a prohibition or restriction binding on successive owners of the land affected; c any prohibition of or restriction on the use of land— i imposed by a Minister of the Crown or government department on or after the date of the commencement of this Act (including any prohibition or restriction embodied in any condition attached to a consent, approval or licence granted by such a Minister or department on or after that date), or ii enforceable by such a Minister or department under any covenant or agreement made with him or them on or after that date, being a prohibition or restriction binding on successive owners of the land affected; d any positive obligation affecting land enforceable by a Minister of the Crown, government department or local authority or National Park authority under any covenant or agreement made with him or them on or after the date of the commencement of this Act and binding on successive owners of the land affected; e any charge or other matter which is expressly made a local land charge by any statutory provision not contained in this section. 2 For the purposes of subsection (1)(a) above, any sum which is recoverable from successive owners or occupiers of the land in respect of which the sum is recoverable shall be treated as a charge, whether the sum is expressed to be a charge on the land or not. 3 For the purposes of this section and section 2 of this Act, the Broads Authority shall be treated as a local authority or National Park authority . Matters which are not local land charges. 2 The following matters are not local land charges:— a a prohibition or restriction enforceable under a covenant or agreement made between a lessor and a lessee; b a positive obligation enforceable under a covenant or agreement made between a lessor and a lessee; c a prohibition or restriction enforceable by a Minister of the Crown, government department or local authority or National Park authority under any covenant or agreement, being a prohibition or restriction binding on successive owners of the land affected by reason of the fact that the covenant or agreement is made for the benefit of land of the Minister, government department or local authority or National Park authority ; d a prohibition or restriction embodied in any bye-laws; e a condition or limitation subject to which planning permission was granted at any time before the commencement of this Act or was or is (at any time) deemed to be granted under any statutory provision relating to town and country planning, whether by a Minister of the Crown, government department or local authority or National Park authority ; f a prohibition or restriction embodied in a scheme under the Town and Country Planning Act 1932 or any enactment repealed by that Act; g a prohibition or restriction enforceable under a forestry dedication covenant entered into pursuant to section 5 of the Forestry Act 1967; h a prohibition or restriction affecting the whole of any of the following areas:— i England, Wales or England and Wales; ii England, or England and Wales, with the exception of, or of any part of, Greater London; iii Greater London. Local land charges register , registration and related matters The local land charges register 3 1 The Chief Land Registrar must keep the local land charges register. 2 The local land charges register is a register of— a each local land charge registered in a local land charges register for a local authority's area immediately before this section first had effect in relation to that area, and b each local land charge subsequently registered under section 5 or 6 or another relevant enactment in respect of land which is wholly or partly within that area. 3 Subsection (2) is subject to any later variation or cancellation of the registration of the local land charge. 4 The local land charges register may be kept in electronic form. 5 In this section— “ local authority ” means— a district council, a county council in England for an area for which there is no district council, a county council in Wales, a county borough council, a London borough council, the Common Council of the City of London, or the Council of the Isles of Scilly; “ relevant enactment ” means a provision which is made by or under an Act and which provides for the registration of a charge or other matter as a local land charge. 6 For the purposes of this section the area of the Common Council of the City of London includes the Inner Temple and the Middle Temple. The appropriate local land charges register. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Registration. 5 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Subject to subsection (6) below, the originating authority as respects a local land charge must apply to the Chief Land Registrar for its registration in the local land charges register; and on the application being made the Chief Land Registrar must register the charge accordingly. 3 The registration in the local land charges register of a local land charge, or of any matter which when registered becomes a local land charge, must be carried out by reference to the land affected. 4 In this Act, “the originating authority”, as respects a local land charge, means the Minister of the Crown, government department, local authority or other person by whom the charge is brought into existence or by whom, on its coming into existence, the charge is enforceable; and for this purpose— a where a matter that is a local land charge consists of or is embodied in, or is otherwise given effect by, an order, scheme or other instrument made or confirmed by a Minister of the Crown or government department on the application of another authority the charge shall be treated as brought into existence by that other authority; and b a local land charge brought into existence by a Minister of the Crown or government department on an appeal from a decision or determination of another authority or in the exercise of powers ordinarily exercisable by another authority shall be treated as brought into existence by that other authority. 5 The registration of a local land charge may be cancelled pursuant to an order of the court. 6 Where a charge or other matter is registrable in the local land charges register and before the commencement of this Act was also registrable in a register kept under the Land Charges Act 1972, then, if before the commencement of this Act it was registered in a register kept under that Act, there shall be no duty to register it, or to apply for its registration, under this Act and section 10 below shall not apply in relation to it. Local authority’s right to register a general charge against land in certain circumstances. 6 1 Where a local authority have incurred any expediture in respect of which, when any relevant work is completed and any requisite resolution is passed or order is made, there will arise in their favour a local land charge (in this section referred to as “ the specific charge ”), the following provisions of this section shall apply. 2 At any time before the specific charge comes into existence, the Chief Land Registrar must register a general charge against the land, without any amount being specified, in the local land charges register if the originating authority make an application for that purpose. 3 A general charge registered under this section shall be a local land charge, but section 5(2) above shall not apply in relation to such a charge. 4 If a general charge is registered under this section the originating authority shall, when the specific charge comes into existence, notify the Chief Land Registrar of that fact, and any such notification shall be treated as an application (subject to subsection (5) below) for the cancellation of the general charge and the registration of the specific charge. 5 Where a general charge is registered under this section its registration shall be cancelled within such period starting with the day on which the specific charge comes into existence, and not being less than 1 year, as may be prescribed, and the specific charge shall not be registered before the general charge is cancelled. 6 If the registration of the general charge is duly cancelled within the period specified in subsection (5) above and the specific charge is registered forthwith upon the cancellation or was discharged before the cancellation, then, for the purposes of section 10 below, the specific charge shall be treated as having come into existence at the time when the general charge was cancelled. Effect of registering certain financial charges. 7 A local land charge falling within section 1(1)(a) above shall, when registered, take effect as if it had been created by a deed of charge by way of legal mortgage within the meaning of the Law of Property Act 1925, but without prejudice to the priority of the charge. Searches Personal searches. 8 1 Any person may search in the local land charges register on paying the prescribed fee (if any) . 1A If the local land charges register is kept in electronic form, the entitlement of a person to search in it is satisfied if the Chief Land Registrar makes the portion of it which he wishes to examine available for inspection in visible and legible form. 2 Without prejudice to subsections (1) and (1A) above, the Chief Land Registrar may provide facilities for enabling persons entitled to search in the ... local land charges register to see photographic or other images or copies of any portion of the register which they may wish to examine. Official searches. 9 1 Where any person requires an official search of the ... local land charges register to be made in respect of any land, he may make a requisition in that behalf to the Chief Land Registrar . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 The prescribed fee (if any) shall be payable in the prescribed manner in respect of any requisition made under this section. 4 Where a requisition is made to the Chief Land Registrar under this section and the fee (if any) payable in respect of it is paid in accordance with subsection (3) ... above, the Chief Land Registrar shall thereupon make the search required and shall issue an official certificate setting out the result of the search. Compensation for non-registration or defective official search certificate Compensation for non-registration or defective official search certificate. 10 1 Failure to register a local land charge in the ... local land charges register shall not affect the enforceability of the charge but where a person has purchased any land affected by a local land charge, then— a in a case where a material personal search of the ... local land charges register was made in respect of the land in question before the relevant time, if at the time of the search the charge was in existence but not registered in that register; or aa if the ... local land charges register is kept in electronic form and a material personal search of that register was made in respect of the land in question before the relevant time, if the entitlement to search in that register conferred by section 8 above was not satisfied as mentioned in subsection (1A) of that section; or b in a case where a material official search of the ... local land charges register was made in respect of the land in question before the relevant time, if the charge was in existence at the time of the search but (whether registered or not) was not shown by the official search certificate as registered in that register, the purchaser shall (subject to section 11(1) below) be entitled to compensation for any loss suffered by him in consequence. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 For the purposes of this section— a a person purchases land where, for valuable consideration, he acquires any interest in land or the proceeds of sale of land, and this includes cases where he acquires as lessee or mortgagee and shall be treated as including cases where an interest is conveyed or assigned at his direction to another person; b the relevant time— i where the acquisition of the interest in question was preceded by a contract for its acquisition, other than a qualified liability contract, is the time when that contract was made; ii in any other case, is the time when the purchaser acquired the interest in question or, if he acquired it under a disposition which took effect only when registered in the register of title kept under the Land Registration Act 2002 , the time when that disposition was made; and for the purposes of sub-paragraph (i) above, a qualified liability contract is a contract containing a term the effect of which is to make the liability of the purchaser dependent upon, or avoidable by reference to, the outcome of a search for local land charges affecting the land to be purchased. c a personal search is material if, but only if— i it is made after the commencement of this Act, and ii it is made by or on behalf of the purchaser or, before the relevant time, the purchaser or his agent has knowledge of the result of it; d an official search is material if, but only if— i it is made after the commencement of this Act, and ii it is requisitioned by or on behalf of the purchaser or, before the relevant time, the purchaser or his agent has knowledge of the contents of the official search certificate. 4 Any compensation for loss under this section shall be paid by the Chief Land Registrar ; and where the purchaser has incurred expenditure for the purpose of obtaining compensation under this section, the amount of the compensation shall include the amount of the expenditure reasonably incurred by him for that purpose (so far as that expenditure would not otherwise fall to be treated as loss for which he is entitled to compensation under this section). 5 Where any compensation for loss under this section is paid by the Chief Land Registrar , then, unless an application for registration of the charge was made to the Chief Land Registrar by the originating authority in time for it to be practicable for the Chief Land Registrar to avoid incurring liability to pay that compensation, an amount equal thereto shall be recoverable from the originating authority by the Chief Land Registrar . 5A An amount equal to any compensation paid under this section by the Chief Land Registrar in respect of a local land charge is also recoverable from the originating authority in a case where the matter within subsection (1) giving rise to the Chief Land Registrar's liability is a consequence of— a an error made by the originating authority in applying to register the local land charge, or b an error made by the originating authority in applying for the registration of the local land charge to be varied or cancelled. 6 Where any compensation for loss under this section is paid by the Chief Land Registrar , no part of the amount paid, or of any corresponding amount paid to the Chief Land Registrar by the originating authority under subsection (5) or (5A) above, shall be recoverable by the Chief Land Registrar or the originating authority from any other person except as provided by subsection (5) or (5A) above or under a policy of insurance or on grounds of fraud. 6A The Chief Land Registrar may insure against the risk of liability to pay compensation under this section. 7 In the case of an action to recover compensation under this section the cause of action shall be deemed for the purposes of the Limitation Act 1980 to accrue at the time when the local land charge comes to the notice of the purchaser; and for the purposes of this subsection the question when the charge came to his notice shall be determined without regard to the provisions of section 198 of the Law of Property Act 1925 (under which registration under certain enactments is deemed to constitute actual notice). 8 Where the amount claimed by way of compensation under this section does not exceed £5,000, proceedings for the recovery of such compensation may be begun in the county court . 9 If in any proceedings for the recovery of compensation under this section the court dismisses a claim to compensation, it shall not order the purchaser to pay the Chief Land Registrar's costs unless it considers that it was unreasonable for the purchaser to commence the proceedings. Mortgages, trusts for sale and settled land. 11 1 Where there appear to be grounds for a claim under section 10 above in respect of an interest that is subject to a mortgage— a the claim may be made by any mortgagee of the interest as if he were the person entitled to that interest but without prejudice to the making of a claim by that person; b no compensation shall be payable under that section in respect of the interest of the mortgagee (as distinct from the interest which is subject to the mortgage); c any compensation payable under that section in respect of the interest that is subject to the mortgage shall be paid to the mortgagee or, if there is more than one mortgagee, to the first mortgagee and shall in either case be applied by him as if it were proceeds of sale. 2 Where an interest is subject to a trust of land any compensation payable in respect of it under section 10 above shall be dealt with as if it were proceeds of sale arising under the trust. 3 Where an interest is settled land for the purposes of the Settled Land Act 1925 any compensation payable in respect of it under section 10 above shall be treated as capital money arising under that Act. Miscellaneous and supplementary Office copies as evidence. 12 An office copy of an entry in the local land charges register shall be admissible in evidence in all proceedings and between all parties to the same extent as the original would be admissible. Protection of solicitors, trustees etc. 13 A solicitor or a trustee, personal representative, agent or other person in a fiduciary position, shall not be answerable in respect of any loss occasioned by reliance on an erroneous official search certificate or an erroneous office copy of an entry in the local land charges register . Specification of fees by registering authorities in England 13A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rules. 14 1 The Lord Chancellor may, with the concurrence of the Treasury as to fees, make rules for carrying this Act into effect and, in particular, rules— a for regulating the practice of the Chief Land Registrar in connection with the registration of local land charges or matters which, when registered, become local land charges; b as to forms and contents of applications for registration, and the manner in which such applications are to be made; c as to the manner in which the land affected or to be affected by a local land charge is, where practicable, to be identified for purposes of registration; d as to the manner in which and the times at which registrable matters are to be registered; e as to forms and contents of requisitions for official searches and of official search certificates; f for regulating personal searches and related matters; fa as to the variation without an order of the court of the registration of a local land charge— i on the application or with the consent of the person by whom it is enforceable, or ii of the Chief Land Registrar's own motion; g as to the cancellation without an order of the court of the registration of a local land charge— i on its cesser, ii on the application or with the consent of the person by whom it is or was enforceable, or iii of the Chief Land Registrar's own motion;”, and h for prescribing the fees to be paid to the Chief Land Registrar for services relating to local land charges provided by the Chief Land Registrar. 2 Without prejudice to the generality of subsection (1) above, the power to make rules under that subsection shall include a power to make rules (with the concurrence of the Treasury as to fees) for carrying into effect the provisions of any statutory provision by virtue of which any matter is registrable in the local land charges register . aa power to make rules— i prescribing different fees for different services or descriptions of service; ii prescribing services or descriptions of service for which no fees are payable; b power to make rules about communications for the purposes of this Act, or any statutory provision by virtue of which any matter is registrable in the local land charges register, including rules as to— i the particular means of communication which may or must be used for such purposes (which may include an electronic means of communication), ii the circumstances in which a particular means of communication may or must be used (which may be all circumstances, subject to exceptions); iii the form or contents of anything sent using a particular means of communication; ba power to make rules requiring or enabling anything which is provided to or by the Chief Land Registrar for the purposes of this Act, or any statutory provision by virtue of which any matter is registrable in the local land charges register, to be provided in electronic form; bb power to make rules enabling the Chief Land Registrar, or a person providing services to the Chief Land Registrar, to determine— i any matter within paragraph (b), or ii whether anything of the kind referred to in paragraph (ba) may or must be provided in electronic form; and c power to make rules modifying the application of sections 10 and 11 above in cases where— i the rules provide for the making of a requisition for, or the issuing of, an official search certificate by electronic means, and ii there has been any error or failure in those means. 3 The power to make rules under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. Expenses. 15 There shall be paid out of money provided by Parliament— a any administrative expenses incurred by a Minister of the Crown or government department in consequence of this Act; b any expenditure incurred by a Minister of the Crown or government department in the payment of any amount recoverable from him or them under this Act by the Chief Land Registrar ; c any increase attributable to this Act in the sums so payable under any other Act. Interpretation. 16 1 In this Act, except where the context otherwise requires— ... “ the court ” means the High Court, or the county court in a case where the county court has jurisdiction; “ land ” includes mines and minerals, whether or not severed from the surface, buildings or parts of buildings (whether the division is horizontal, vertical or made in any other way) and other corporeal hereditaments; “ official search certificate ” means a certificate issued pursuant to section 9(4) above; “ the originating authority ”, as respects a local land charge, has the meaning provided by section 5(4) above; “ personal search ” means a search pursuant to section 8 above; “ prescribed ” means prescribed by rules made under section 14 above; ... “ statutory provision ” means a provision of this Act or of any other Act or Measure, whenever passed, or a provision of any rules, regulations, order or similar instrument made (whether before or after the passing of this Act) under an Act, whenever passed. 1A Any reference in this Act to an office copy of an entry includes a reference to the reproduction of an entry in a register kept in electronic form. 2 Except in so far as the context otherwise requires, any reference in this Act to an enactment is a reference to that enactment as amended, extended or applied by or under any other enactment, including this Act. Amendments of other satutory provisions. 17 1 The Land Charges Act 1972 shall be amended as follows:— a for section 1(3) there shall be substituted— 3 Where any charge or other matter is registrable in more than one of the registers kept under this Act, it shall be sufficient if it is registered in one such register, and if it is so registered the person entitled to the benefit of it shall not be prejudicially affected by any provision of this Act as to the effect of non-registration in any other such register. 3A Where any charge or other matter is registrable in a register kept under this Act and was also, before the commencement of the Local Land Charges Act 1975, recistrable in a local land charges register, then, if before the commencement of the said Act it was registered in the appropriate local land charges register, it shall be treated for the purposes of the provisions of this Act as to the effect of non-registration as if it had been registered in the appropriate register under this Act ; and any certificate setting out the result of an official search of the appropriate local land charges register shall, in relation to it, have effect as if it were a certificate setting out the result of an official search under this Act. b in section 2(4) and in section 2(5) the words “(not being a local land charge)” shall be inserted after “any of the following”. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to amend local Acts. 18 1 Subject to the provisions of this section, the Lord Chancellor may by order made by statutory instrument repeal or amend any relevant local Act provision that appears to him to be inconsistent with, or to require modification in consequence of, any provision of this Act. 2 For the purposes of this section, a relevant local Act provision is a provision— a contained in any local Act passed before this Act, and b providing for any matter to be, or to be registered as, a local land charge or otherwise requiring or authorising the registration of any matter in a local land charges register. 3 An order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament and may be varied or revoked by a subsequent order under this section. 4 Before making an order under this section the Lord Chancellor shall consult any local authority appearing to him to be concerned. Repeals and transitional provisions. 19 1 The enactments specified in Schedule 2 to this Act (which include certain spent provisions) and the instrument there specified are hereby repealed to the extent specified in the third column of that Schedule. 2 Nothing in this Act shall operate to impose any obligation to register or apply for the registration of any local land charge within the meaning of this Act which immediately before the commencement of this Act was by virtue of subsection (7)(b)(i) of section 15 of the Land Charges Act 1925 not required by that section to be registered as a local land charge, except after the expiration of one year from the commencement of this Act; and a purchaser shall not be entitled to compensation under section 10 above by virtue of section 10(1)(a) or, where the charge was not registered at the time of the search, section 10(1)(b) in respect of a local land charge which at the time of the search was not required to be registered. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ... nothing in this Act shall render enforceable against any purchaser whose purchase was completed before the commencement of this Act any local land charge which immediately before the commencement of this Act was not enforceable against him. Short title etc. 20 1 This Act may be cited as the Local Land Charges Act 1975. 2 This Act binds the Crown, but nothing in this Act shall be taken to render land owned by or occupied for the purposes of the Crown subject to any charge to which, independently of this Act, it would not be subject. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 This Act extends to England and Wales only.