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Land Registration and Land Charges Act 1971

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This is the original version (as it was originally enacted).

9Exclusion of certain land charges from Land Charges Act 1925

(1)After section 23 of the Land Charges Act 1925 there shall be inserted the following section— Exclusion of certain land charges created by instruments necessitating registration under Land Registration Act 1925.

23AWhere an instrument executed after the passing of the Land Registration and Land Charges Act 1971 conveys, grants or assigns an estate in land and creates a land charge (other than a local land charge) affecting that estate, this Act shall not apply to the land charge, so far as it affects that estate, if under section 123 of the Land Registration Act 1925 (effect of that Act in areas where registration is compulsory) the instrument will, unless the necessary application for registration under that Act is made within the time allowed by or under that section, becomes void so far as respects the conveyance, grant or assignment of that estate.

(2)In section 97 of the Law of Property Act 1925 (priorities as between puisne mortgages), after the words " This section does not apply " there shall be inserted the words

to mortgages or charges to which the Land Charges Act 1925 does not apply by virtue of section 23A of that Act (which excludes certain land charges created by instruments necessitating registration under the Land Registration Act 1925), or.

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