Modifications etc. (not altering text)
C1Part II saved by Trafalgar Estates Act 1947 (c. 34), s. 2(3) and Leasehold Reform Act 1967 (c. 88), s. 6(4); extended by Forestry Act 1967 (c. 10), s. 5(4), Sch. 2 para. 1
(1)On a sale, exchange, lease, mortgage, charge, or other disposition, the tenant for life may, as regards land sold, given in exchange, leased, mortgaged, charged, or otherwise disposed of, or intended so to be, or as regards easements or other rights or privileges sold, given in exchange, leased, mortgaged, or otherwise disposed of, or intended so to be, effect the transaction by deed to the extent of the estate or interest vested or declared to be vested in him by the last or only vesting instrument affecting the settled land or any less estate or interest, in the manner requisite for giving effect to the sale, exchange, lease, mortgage charge, or other disposition, but so that a mortgage shall be effected by the creation of a term of years absolute in the settled land or by charge by way of legal mortgage, and not otherwise.
(2)Such a deed, to the extent and in the manner to and in which it is expressed or intended to operate and can operate under this Act, is effectual to pass the land conveyed, or the easements, rights, privileges or other interests created, discharged from all the limitations, powers, and provisions of the settlement, and from all estates, interests, and charges subsisting or to arise thereunder, but subject to and with the exception of—
(i)all legal estates and charges by way of legal mortgage having priority to the settlement; and
(ii)all legal estates and charges by way of legal mortgage which have been conveyed or created for securing money actually raised at the date of the deed; and
(iii)all leases and grants at fee-farm rents or otherwise, and all grants of easements, rights of common, or other rights or privileges which—
(a)were before the date of the deed granted or made for value in money or money’s worth, or agreed so to be, by the tenant for life or statutory owner, or by any of his predecessors in title, or any trustees for them, under the settlement, or under any statutory power, or are at that date otherwise binding on the successors in title of the tenant for life or statutory owner; and
(b)are at the date of the deed protected by registration under the M1Land Charges Act, 1925, if capable of registration thereunder.
(3)Notwithstanding registration under the Land Charges Act, 1925, of—
(a)an annuity within the meaning of Part II. of that Act;
(b)a limited owner’s charge or a general equitable charge within the meaning of that Act;
a disposition under this Act operates to overreach such annuity or charge which shall, according to its priority, take effect as if limited by the settlement.
(4)Where a lease is by this Act authorised to be made by writing under hand only, such writing shall have the same operation under this section as if it had been a deed.
Modifications etc. (not altering text)
C2S. 72 extended (30.10.1994) by S.I. 1994/2716, reg. 86(1)(c)
Marginal Citations