Improvement Of Land Act 1864

68 Rentcharges may be apportioned, or part of the land charged released therefrom. E+W

If at any time land charged under this Act, or under any other Act authorizing the creation of charges by the Commissioners, is occupied in separate farms or other holdings, or has become the property of separate owners, or the owner thereof is entitled thereto under separate titles or for distinct and separate interests, or is desirous to sell or dispose of part of such land, or part only of such land is subject to any mortgage or other incumbrance, or for any other reason it would be desirable that the charge should be apportioned or a part of the land charged released therefrom, the Commissioners may, with the consent of the landowner, or if the land has become the property of separate owners, or a part thereof is subject to any mortgage or incumbrance, then upon the application of any one of such owners, or of such mortgagee or incumbrancer, but in every case with due notice to the grantee or assignee of the charge, or the husband, guardian, tutor [F1 or curator of, or a deputy with powers in relation to property and affairs appointed by the Court of Protection for,] such grantee or assignee, if a married woman, infant [F2 person who lacks capacity (within the meaning of the Mental Capacity Act 2005) to receive the notice] [F3 or person suffering from mental disorder within the meaning of the [F4 Mental Health (Scotland) Act 1984]] and to such other parties (if any) as the Commissioners think right, either released from such charge any part of the land charged therewith, or apportion such charge so that a separate and distinct charge may become charged on each separate farm or holding, or on the land of each landowner, or on the land held under each separate title or for each distinct and separate interest, or on the part or each part which the landowner is desirous to sell or dispose of and the part intended to be retained by him, or on the part subject to such mortgage or other incumbrance and on the residue, or on any other separate parts of the land, but so that no charge charged under such apportionment shall be less than twenty shillings for each half-yearly payment . . . F5

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F1 Words in s. 68 substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 6 para. 2(a) (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)

F2 Words in s. 68 substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 6 para. 2(b) (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)

F3 Words substituted by Mental Health (Scotland) Act 1960 (c. 61), Sch. 4

F4 Words substituted (S.) by Mental Health Act 1983 (c. 20, SIF 85), ss. 17(2), 127(1), Sch. 3 para.1

F5 Words repealed by Improvement of Land Act 1899 (c. 46), Sch. 2

F6 68 Rentcharges may be apportioned, or part of the land charged released therefrom. S

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Extent Information

E2 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F6 Act repealed (S.) (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), sch. 13 Pt. 1 (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2