SCHEDULES.

SIXTH SCHEDULELand Charges, &c

PART IIProvisions for Facilitating Consolidation of the Law relating to the Registration of Pending Actions, Annuities, Writs, Orders, Deeds of Arrangement and Land Charges, and to Searches

Saving of over-reaching powers.

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The Land Charges Acts shall have effect as if the following sections were included therein:—

“(1)

The registration of any charge, annuity or other interest under the Land Charges Acts shall not prevent such charge, annuity or interest being overreached under any provision contained in any other statute, except where otherwise provided by such other statute.

(2)

The registration as a land charge of a puisne mortgage or charge shall not operate to prevent such mortgage or charge being overreached in favour of a prior mortgagee or a person deriving title under him where, by reason of a sale foreclosure or otherwise, the right of the puisne mortgagee or subsequent chargee to redeem is barred."”

“(1)

As respects pending actions, writs, orders, deeds of arrangement and land charges, not including local land charges, required to be registered or re-registered after the commencement of the principal Act, the Land Charges Acts shall not apply thereto if and so far as they affect registered land, and can be protected under the Land Transfer Acts, by lodging or registering a creditor's notice, restriction, caution, inhibition or other notice.

(2)

Nothing in the Land Charges Acts shall impose on the registrar any obligation to ascertain whether or not a pending action, writ, order, deed of arrangement or land charge affects registered land;”