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Land Charges Act 1972
The Land Charges Act 1972 (c. 61) is a UK act of Parliament that updates the system for registering charges on unregistered land in England and Wales. It repealed and updated parts of the Land Charges Act 1925 and other legislation affecting real property. Background In the early 20th century, a package of reforms were made to register land in England and Wales to make conveyancing cheaper and simpler, and free land to the market. The main legislation was the Land Registration Act 1925, the Law of Property Act 1925, the Trustee Act 1925, and the Settled Land Act 1925. However, much land was to remain unregistered. Instead, for land which was not yet registered, people could choose to explicitly register interests under the Land Charges Act 1925, and so secure better protection than the common law might provide against a bona fide purchaser without notice of any equitable interest to be protected. A local land charge is a restriction or prohibition imposed on a particular piec ...
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List Of Acts Of The Parliament Of The United Kingdom From 1972
Public general acts Local acts Personal act See also * List of acts of the Parliament of the United Kingdom References Current Law Statutes Annotated 1972* Halsbury's Statutes of England. Third EditionVolume 42: Continuation Volume 1972
Butterworths. London. 1973. {{UK legislation Lists of acts of the Parliament of the United Kingdom, 1972 ...
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Land Charges Act 1925
Land, also known as dry land, ground, or earth, is the solid terrestrial surface of Earth not submerged by the ocean or another body of water. It makes up 29.2% of Earth's surface and includes all continents and islands. Earth's land surface is almost entirely covered by regolith, a layer of rock, soil, and minerals that forms the outer part of the crust. Land plays an important role in Earth's climate system, being involved in the carbon cycle, nitrogen cycle, and water cycle. One-third of land is covered in trees, another third is used for agriculture, and one-tenth is covered in permanent snow and glaciers. The remainder consists of desert, savannah, and prairie. Land terrain varies greatly, consisting of mountains, deserts, plains, plateaus, glaciers, and other landforms. In physical geology, the land is divided into two major categories: Mountain ranges and relatively flat interiors called cratons. Both form over millions of years through plate tectonics. Streams – a ...
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England And Wales
England and Wales () is one of the Law of the United Kingdom#Legal jurisdictions, three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is English law. The Welsh devolution, devolved Senedd (Welsh Parliament; ) – previously named the National Assembly for Wales – was created in 1999 under the Government of Wales Act 1998 and provides a degree of Self-governance, self-government in Wales. The powers of the legislature were expanded by the Government of Wales Act 2006, which allows it to pass Welsh law, its own laws, and the Act also formally separated the Welsh Government from the Senedd. There is currently no Devolved English parliament, equivalent body for England, which is directly governed by the parliament and government of the United Kingdom. History of jurisdiction During the Roman occupation of Britain, the area of presen ...
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Land Registration Act 1925
The Land Registration Act 1925 ( 15 & 16 Geo. 5. c. 21) was an act of Parliament in the United Kingdom that codified, prioritised and extended the system of land registration in England and Wales. It has largely been repealed, and updated in the Land Registration Act 2002. Background After the Land Registry Act 1862 and further attempts in 1875 and 1897 failed, as they either tried to register everything or largely relied on voluntary registration, the 1925 Act was drafted to ensure a more complete, but progressive system. The Land Registration Act 1925 was passed along with a package of reforms of the land and settlement system, including the Law of Property Act 1925 The Law of Property Act 1925 ( 15 & 16 Geo. 5. c. 20) is an act of the Parliament of the United Kingdom. It forms part of an interrelated programme of legislation introduced by Lord Chancellor Lord Birkenhead between 1922 and 1925. The progr ..., the Trustee Act 1925, the Settled Land Act 1925 and the L ...
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Law Of Property Act 1925
The Law of Property Act 1925 ( 15 & 16 Geo. 5. c. 20) is an act of the Parliament of the United Kingdom. It forms part of an interrelated programme of legislation introduced by Lord Chancellor Lord Birkenhead between 1922 and 1925. The programme was intended to modernise the English law of real property. The act deals principally with the transfer of freehold or leasehold land by deed. The LPA 1925, as amended, provides the core of English land law, particularly as regards many aspects of freehold land which is itself an important consideration in all other types of interest in land. Background The keynote policy of the act was to reduce the number of legal estates to two – freehold and leasehold – and generally to make the transfer of interests in land easier for purchasers. Other policies were to regulate mortgages and as to leases, to regulate mainly their assignment, and to tackle some of the '' lacunae'', ambiguities and shortcomings in the law of property. Inn ...
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Trustee Act 1925
The Trustee Act 1925 ( 15 & 16 Geo. 5. c. 19) is an Act of Parliament of the United Kingdom passed on 9 April 1925, which codified and updated the regulation of trustees' powers and appointment. It accompanied the land reform legislation of the 1920s. It came into effect on 1 January 1926. Title "An Act to consolidate certain enactments relating to trustees in England and Wales." Section 61 There is a discretionary power available to the courts under this section which allows a trustee's personal liability for a breach of trust to be lifted if it appears to the court that the trustee "has acted honestly and reasonably, and ought fairly to be excused for the breach of trust and for omitting to obtain the directions of the court in the matter in which he committed such breach". The trustee could be relieved from personal liability "either wholly or partly". In a 2012 ruling concerned with liability for payment of a mortgage sum fraudulently requested by imposters, the High Co ...
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Settled Land Act 1925
A settler or a colonist is a person who establishes or joins a permanent presence that is separate to existing communities. The entity that a settler establishes is a settlement. A settler is called a pioneer if they are among the first settling at a place that is new to the settler community. The process of settling land can be, and has often been, controversial: while human migration is a normal phenomenon by itself, it has not been uncommon throughout human history for settlers to have arrived in already-inhabited lands without the intention of living alongside the native population. In these cases, the conflict that arises between the settlers and the natives (or Indigenous peoples) may result in the dispossession of the latter within the contested territory, usually violently. While settlers can act independently, they may receive support from the government of their country or colonial empire or from a non-governmental organization as part of a larger campaign. The lifes ...
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Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ...
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Bona Fide Purchaser
A ''bona fide'' purchaser (BFP)referred to more completely as a ''bona fide'' purchaser for value without notice is a term used predominantly in common law jurisdictions in the law of real property and personal property to refer to an innocent party who purchases property without notice of any other party's claim to the title of that property. A BFP must purchase for value, meaning that they must pay for the property rather than simply be the beneficiary of a gift. Even when a party fraudulently conveys property to a BFP (for example, by selling to the BFP property that has already been conveyed to someone else), that BFP will, depending on the laws of the relevant jurisdiction, take good (valid) title to the property despite the competing claims of the other party. As such, an owner publicly recording their own interests (which in some types of property must be on a court-recognised Register) protects themselves from losing those to an indirect buyer, such as a qualifying buye ...
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Equitable Interest
In law, an equitable interest is an "interest held by virtue of an equitable title (a title that indicates a beneficial interest in property and that gives the holder the right to acquire formal legal title) or claimed on equitable grounds, such as the interest held by a trust beneficiary". The equitable interest is a right in equity that may be protected by an equitable remedy. This concept exists only in systems influenced by the common law (as opposed to civil law) tradition, such as New Zealand, England, Canada, Australia, and the United States. Equity Equity is a concept of rights distinct from legal (that is, common law) rights; it is (or, at least, it originated as) "the body of principles constituting what is fair and right (natural law)".Black's Law Dictionary. Second Pocket Edition. p. 241. 2001 West Group. Bryan A. Garner (editor in chief) It was "the system of law or body of principles originating in the English Court of Chancery and superseding the common and s ...
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Babergh District Council
Babergh District (pronounced , ) is a local government district in Suffolk, England. In 2021 it had a population of 92,300. The district is primarily a rural area, containing just two towns, Sudbury and Hadleigh. The council was based in Hadleigh until 2017, when it moved to shared offices with neighbouring Mid Suffolk District Council in Ipswich, outside either district. The district is named after the medieval Babergh Hundred, which covered part of the area. The district includes parts of two designated Areas of Outstanding Natural Beauty, Dedham Vale, known for its association with painter John Constable, and Suffolk Coast and Heaths. The neighbouring districts are East Suffolk, Ipswich, Mid Suffolk, West Suffolk, Braintree, Colchester and Tendring. History The district was created on 1 April 1974 under the Local Government Act 1972, covering five former districts which were all abolished at the same time: *Cosford Rural District * Hadleigh Urban District * Melford Rur ...
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