1 Local land charges.E+W
(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 [F1or National Park authority], water authority [F2sewerage undertaker] or new town development corporation under the M1Public Health Acts 1936 M2 and 1937, . . . F3,the M3Public Health Act 1961 or [F4the Highways Act M41980 (or any Act repealed by that Act)][F5or the Building Act M51984],or any similar charge acquired by a local authority [F1or National Park authority] under any other Act, whether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 [F1or 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 [F1or National Park authority] on or after that date), or
(ii)enforceable by a local authority [F1or 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 [F1or 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.
[F6(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].]
Textual Amendments
F1Words in s. 1 inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para.14 (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)
F2Words inserted by Water Act 1989, (c.15, SIF 130), s. 190(1), Sch. 25 para. 52 (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26, paras. 3(1)(2), 17, 40(4), 57(6), 58)
F3Words repealed by Highways Act 1980 (c. 66, SIF 59), s. 343(2), Sch. 24 para. 26
F4Words substituted by Highways Act 1980 (c. 66, SIF 59), s. 343(2), Sch. 24 para. 26
F5Words inserted by Building Act 1984 (c. 55, SIF 15), s. 133(1), Sch. 6 para. 16
F6S. 1(3) added by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 21, 23(2), 27(2), Sch. 6 para. 14, Sch. 7
Modifications etc. (not altering text)
C1S. 1(1)(c) modified by Highways Act 1980 (c. 66, SIF 59), ss. 73(12), 74(12), 79(16), 177(11)
C2S. 1(1)(d) modified by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), s. 33(10)
Marginal Citations