Law of Property Act 1969

24 Contracts for purchase of land affected by land charge, etc. E+W

(1) Where under a contract for the sale or other disposition of any estate or interest in land the title to which is not registered under the M1 Land Registration Act 1925 or any enactment replaced by it any question arises whether the purchaser had knowledge, at the time of entering into the contract, of a registered land charge, that question shall be determined by reference to his actual knowledge nd without regard to the provisions of section 198 of the M2 Law of Property Act 1925 (under which registration under the M3 Land Charges Act 1925 or any enactment replaced by it is deemed to constitute actual notice).

(2) Where any estate or interest with which such a contract is concerned is affected by a registered land charge and the purchaser, at the time of entering into the contract, had not received notice and did not otherwise actually know that the estate or interest was affected by the charge, any provision of the contract shall be void so far as it purports to exclude the operation of subsection (1) above or to exclude or restrict any right or remedy that might otherwise be exercisable by the purchaser on the ground that the estate or interest is affected by the charge.

(3) In this section—

• “purchaser” includes a lessee, mortgagee or other person acquiring or intending to acquire an estate or interest in land; and

• “registered land charge” means any instrument or matter registered, otherwise than in a register of local land charges, under the Land Charges Act 1925 or any Act replaced by it.

(4) For the purposes of this section any knowledge acquired in the course of a transaction by a person who is acting therein as counsel, or as solicitor or other agent, for another shall be treated as the knowledge of that other.

(5) This section does not apply to contracts made before the commencement of this Act.

Marginal Citations

M1 1925 c. 21.

M2 1925 c. 20.

M3 1925 c. 22.