6 The register of writs and orders affecting land.E+W
(1)There may be registered in the register of writs and orders affecting land—
(a)any writ or order affecting land issued or made by any court for the purpose of enforcing a judgment or recognisance;
(b)any order appointing a receiver or sequestrator of land;
[F1(c)any bankruptcy order, whether or not the bankrupt’s estate is known to include land,]
[F2(d)any access order under the Access to Neighbouring Land Act 1992.]
(2)Every entry made pursuant to this section shall be made in the name of the estate owner or other person whose land, if any, is affected by the writ or order registered.
(3)No fee shall be charged for the registration of a [F3bankruptcy order] if the application for registration is made by an official receiver.
(4)Except as provided by subsection (5) below and by [F4section 37(5) of the Supreme Court Act 1981] and [F5section 107(3) of the County Courts Act 1984] (which make special provision as to receiving orders in respect of land of judgment debtors) every such writ and order as is mentioned in subsection (1) above, and every delivery in execution or other proceeding taken pursuant to any such writ or order, or in obedience to any such writ or order, shall be void as against a purchaser of the land unless the writ or order is for the time being registered under this section.
[F6(5)Subject to subsection (6) below, the title of a trustee in bankruptcy shall be void as against a purchaser of a legal estate in good faith for money or money’s worth unless the bankruptcy order is for the time being registered under this section.]
(6)Where a petition in bankruptcy has been registered under section 5 above, the title of the trustee in bankruptcy shall be void as against a purchaser of a legal estate in good faith for money or money’s worth . . . F7 claiming under a conveyance made after the date of registration, unless at the date of the conveyance either the registration of the petition is in force or a receiving order on the petition is registered under this section.
Textual Amendments
F1S. 6(1)(c) substituted by Insolvency Act 1985 (c.65, SIF 66), s. 235(1), Sch. 8 para. 21(3)(a) (with saving in Insolvency Act 1986 (c.45, SIF 66), s. 437, Sch. 11 para. 10)
F2S. 6(1)(d) added (31.1.1993) by Access to Neighbouring Land Act 1992 (c. 23), s. 5(1); S.I. 1992/3349, art. 2.
F3Words substituted by Insolvency Act 1985 (c.65, SIF 66), s. 235(1), Sch. 8 para. 21(3)(b) (with saving in Insolvency Act 1986 (c.45, SIF 66), s. 437, Sch. 11 para. 10)
F4Words substituted by Supreme Court Act 1981 (c.54, SIF 37), s. 152(1), Sch. 5
F5Words substituted by County Courts Act 1984 (c.28, SIF 34), s. 148(1), Sch. 2 Pt. IV para. 18
F6S. 6(5) substituted by Insolvency Act 1985 (c.65, SIF 66), s. 235(1), Sch. 8 para. 21(3)(c) (with saving in Insolvency Act 1986 (c.45, SIF 66), s. 437, Sch. 11 para. 10)
F7Words repealed by Insolvency Act 1985 (c.65, SIF 66), s. 235(1)(3), Sch. 8 para. 21(3)(d), Sch. 10 Pt. III (with saving in Insolvency Act 1986 (c.45, SIF 66), s. 437, Sch. 11 para. 10)
Modifications etc. (not altering text)
C1S. 6(4) restricted by County Courts Act 1984 (c.28, SIF 34), s. 107(3)
C2S. 6(4) restricted by Drug Trafficking Offences Act 1986 (c.32, SIF 39:1), s. 10(3)
C3S. 6(4) modified by Criminal Justice Act 1988 (c.33, SIF 39:1), ss. 79(2), 123(6), Sch. 8 para. 16
S. 6(4) excluded (3.2.1995) by 1994 c. 37, ss. 28(2), 33(2)(7), 34(2)(3), 69(2) (with s. 66(2)).