Law of Property (Miscellaneous Provisions) Act 1994

17 Notices affecting land: absence of knowledge of intended recipient’s death. E+W

(1) Service of a notice affecting land which would be effective but for the death of the intended recipient is effective despite his death if the person serving the notice has no reason to believe that he has died.

(2) Where the person serving a notice affecting land has no reason to believe that the intended recipient has died, the proper address for the purposes of section 7 of the M1 Interpretation Act 1978 (service of documents by post) shall be what would be the proper address apart from his death.

(3) The above provisions do not apply to a notice authorised or required to be served for the purposes of proceedings before—

(a) any court,

[F1 (b) any tribunal that [F2 was] (to any extent) a listed tribunal for, or for any of, the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 (functions etc. of Administrative Justice and Tribunals Council) [F3 immediately before the coming into force of the repeal of that Schedule], or ]

(c) the Chief Land Registrar or [F4 the Adjudicator to Her Majesty’s Land Registry];

but this is without prejudice to the power to make provision in relation to such proceedings by rules of court, procedural rules [F5 of any tribunal referred to in sub-paragraph (b)] or rules under [F6 the Land Registration Act 2002].

Textual Amendments

F1 S. 17(3)(b) substituted (1.11.2007) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 8 para. 33(2); S.I. 2007/2709, art. 3(b)(i)

F2 Word in s. 17(3)(b) substituted (19.9.2013) by The Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013 (S.I. 2013/2042), art. 1(2), Sch. para. 16(a)(i)

F3 Words in s. 17(3)(b) inserted (19.9.2013) by The Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013 (S.I. 2013/2042), art. 1(2), Sch. para. 16(a)(ii)

F4 Words in s. 17(3)(c) substituted (13.10.2003) by Land Registration Act 2002 (c. 9), s. 136(2), Sch. 11 para. 31(3)(a) (with s. 129); S.I. 2003/1725, art. 2(1)

F5 Words in s. 17(3) substituted (19.9.2013) by The Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013 (S.I. 2013/2042), art. 1(2), Sch. para. 16(b)

F6 Words in s. 17(3) substituted (13.10.2003) by Land Registration Act 2002 (c. 9), s. 136(2), Sch. 11 para. 31(3)(b) (with s. 129); S.I. 2003/1725, art. 2(1)

Marginal Citations

M1 1978 c. 30.