Law of Property (Amendment) Act 1924

Power to create charges.

3 (1) The proprietor of any registered land may by deed—

(a) charge the registered land with the payment at an appointed time of any principal sum of money either with or without interest;

(b) charge the registered land in favour of a building society under the Building Societies Acts, 1874 to 1894, in accordance with the rules of that society.

(2) A charge may be in any form provided that—

(a) the registered land comprised in the charge is described by reference to the register or in any other manner sufficient to enable the registrar to identify the same without reference to any other document;

(b) the charge does not refer to any other interest or charge affecting the land which—

(i) would have priority over the same and is not registered or protected on the register;

(ii) is not an overriding interest.

(3) Any provision contained in a charge which purports to—

(i) take away from the proprietor thereof the power of transferring it by registered disposition or of requiring the cessation thereof to be noted on the register; or

(ii) affect any registered land or charge other than that in respect of which the charge is to be expressly registered;

shall be void.

(4) The foregoing provisions of this paragraph shall have effect in substitution for section twenty-two of the Act of 1875.