STATUTORY CHARGES AFFECTING LAND ALL TO BE REGISTERED

Manawatu Times, Volume LIII, Issue 6667, 21 July 1928, Page 4 (Supplement)

STATUTORY CHARGES AFFECTING LAND ALL TO BE REGISTERED

Deeds Registration and % Land Transfer Systems 'bill introduced into HOUSE Times Special. From Our Own Parliamentary Reporter. WELLINGTON, July IT.; The purpose of the Statutory Lana ' Charges Registration Bill, Introduced in the House to-day. Is to pro--1 vide for the registration under the Land Transfer Act or the Deeds Registration Act. as the case may he, of all statutory charges affecting land. : It is intended that the Biff, if passed, shall come into force immediately so that registration may be proceeded with without delay. Charges existing at the passing, of the Bill are not prejudiced, however, if they are registered on or before January 1, 1930. Charges created or arising after tho passing of the Bill, but before the expiry of the present year, will not be prejudiced if they are. registered at any time not later than January 1,1929. By this means, while registration will not necessarily be delayed as wcmld be the case if tho commencement 'of the Act were postponed, the person or corporation entitled to the benefit of tho charge will not suffer by the operation of the Act before copies are available for general use. . ‘ Failure to register a charge will no* affect its validity and the only affecs of such failure will be to render the charge liable to bo 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).;.' ‘ * .I- ;; , The Biff, provides certain exceptions to the generality of the above rule as to the defeat of ta,charge bjf,a subsequent sale or other .disposition made before the registration Of tho charge. For example, while the charge, createo 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 will have no effect upon the operation of such charge. So also in the case of charges created by the Mining or Coal Mines Acts for the protection of wages., ■ v..r;.. . A typical example of classes of charges to which the Bill relates arc the following—(1) Charges oh land in respect of expenses incurred by borough councils in the construction, of private drains: 1 . ,■ ' , ‘ (2) Death duties charged on dutiable estate: ■' i* (3) Expenses incurred by a local authority in the abatement of nuis- / ances: . ; ’,. v r .... (4) Expenses incurred I by electric power boards in the installation of electric equipment: (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 and prescribes, the procedure to be adopted. The Biff 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 bo defeated by subsequent transactions. 1