LAND CHARGES

Evening Post, Volume CVI, Issue 13, 18 July 1928, Page 8

LAND CHARGES

MUST BE REGISTERED STATUTORY PROVISIONS The Statutory Land Charges Registration Bill was introduced into the House of Representatives by GovernorGeneral's Message yesterday. The purpose of this Bill is to provide for the registration under the Land Transfer Act or the Deeds Registration Act, as the case may be, of all statutory charges affecting land. It is intended that the Bill, if passed, shall come into force immediately, so that registration may be proceeded with without delay. Charges existing at the passing of the Act aro not prejudiced, however, if they are registered on or before Ist January, 1&30; charges created or arisiug after the passing of the Act but before the expiry of the present year will not be prejudiced if they are registered at any time not later than Ist January, 1929. By this means, while registration will not necessarily be delayed, as would be the case if the commencement of the Act were postponed, the person or corporation entitled to the benefit of the charge will not suffer by the operation of the Act before copies are available for general use. Failure to register a charge will not affect its validity, and the only effect of such failure will be to render the charge liable to be defeated by a subsequent sale or other disposition' of the property affected. In this respect the provisions of the Bill are the same as the corresponding provisions of section 13 of the Land Charges Act 1925 (Imperial). ■■.'■■•■■■ •■;•;■ The Bill provides certain exceptions to the generality of the above rule as to the defeat of: a charge by a subsequent sale or other disposition made before the registration;of the charge. For example, while the charge created in favour of an injured worker by section 47 of the Workers' Compensation Act, 1922, may be registered in accordance with the provisions of the Bill, failure to register wiilhaveno effect upon the operation of such, charge. So also in the case of charges created by the Mining and Coal Mines Acts for the protection of wages.. . Typical examples of classes of charges to which the Bill relates are the following: —(I) Charges on land in respect of expenses incurred by Borough Councils under section 224 of the Municipal Corporations Act 1920, in the construction of private drains; (2) death duties charged on dutiable estate by section 28 of the Death Duties Act 1921; (3) expenses incurred by a local authority in "the abatement of nuisance pursuant to section ,30 of the Health Act 1920;; (4) expenses incurred by Electric Power Boards in the installation of electric equipment under section 119 of the Electric Power Boards Act 1925; > (5) charging-orders in respect of maintenance moneys recoverable under the Destitute Persons Act 1910. With respect to certain .statutory charges the ;law already makes provision for their registration and prescribes the procedure to be adopted. The Bill does not repeal or otherwise affect such provisions, .'■■ but merely applies to such'•charges the' rule' that if they are not duly registered they may be defeated by subsequent transactions. The Bill provides that rates shall not be deemed to be charges for the purposes of the Act. ; . : ; . ,