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Judgment Affecting Land

writ, section, registered, act and registration

JUDGMENT AFFECTING LAND. By the Land Charges Registration and Searches Act, 1888 : " Section 5. (1) There shall be established and kept at the Office of Land Registry a register of writs and orders affecting land, and there may be registered therein, in the pre scribed manner, any writ or order affecting land issued or made by any Court for the purpose of enforcing a judgment, statute, or recognisance, and any order appointing a receiver or sequestrator of land.

" (2) Every entry made in pursu ance of this Section shall be made in the name of the person whose land is affected by the writ or order registered.

'• (31 The registration of a writ or order in pursuance of this Act shall cease to have effect at the expiration of five years from the date of regis tration, but may be renewed from time to time, and, if renewed, shall have effect from the date of renewal.

" (41 Registration of a writ or order in pursuance of this Section shall have the same effect as, and make unnecessary, registration thereof in the Central Office of the Supreme Court of Judicature in pursuance of any other Act.

" Section 6 Every such writ and order as is mentioned in Section 5, and every delivery in execution or other pro ceeding taken in pursuance of any such writ or order, or in obedience thereto, shall be void as against a purchaser for value of land unless the writ or order is for the time being registered in pursuance of this Act..' By the Land Charges Act, 1900 : " Section 2. (1) A judgment or recognis ance. whether obtained or entered into on behalf of the Crown or other wise, and whether obtained or entered into before or after the commencement of this Act, shall not operate as a charge on land, or on any interest in land, or on the un paid purchase-money for any land, unless or until a writ or order for the purpose of enforcing it is registered under Section 5 of the Land Charges Registration and Searches Act, 1888." ,

For the protection of persons dealing with land, it is necessary that any judgments or orders should be duly registered in some convenient place, where an examination can be made of any documents which show how the land is affected by judgments or orders which have been pronounced. The above sections of the two Acts named are the most important provisions with respect to this matter, and the effect of them seems to be as follows : If a judgment is entered up affecting land after the 1st January, 1889, an intending mortgagee, for example, is completely protected in dealing with the land, if a search is made at the Land Registry Office for writs and executions for the pre ceding five years. It is only if the land has been actually executed upon, and if the writ or execution has been registered or re-registered, so that the last registration or re-registration has been made within five years preceding the date of the security that the mortgagee would be postponed as to his own security to the judgment creditor whose judgment or writ is registered. And as to a judgment entered up after the 1st July, 1901, the intending mortgagee has only to see that no writ or order for enforcing a ' judgment has been registered under Section 5 of the Land Charges Registration and Searches Act, 1S88, and this is so whether the judgment has been obtained before or after the 1st July, 1901.