Restrictions & Local Land Charges

Local Land Charges were created by the Land Charges Act 1925, which has now been replaced by the Local Land Charges Act 1975 and the Local Land Charges Rules 1977. They are a restriction/prohibition on land/property (or a financial charge) that is binding on successive owners or occupiers. Such restrictions appear as an entry on the Land Register which either prevents or regulates the making of a change to the register regarding a sale, (or other disposition such as a mortgage) and made with the agreement of the parties concerned.

A common restriction is one that prevents the lease being sold to someone else without the lessees' lender being informed. If a restriction is to be created to control the sale of a lease at the Land Registry, it is placed jointly on the Register, usually by a clause in the lease that stipulates it.

The form of words used in the restriction should mirror the conditions of sale and proof will be required of the parties entering into a deed of covenant, a certificate of written consent, or registration of the assignment.

Restrictions also originate from various sources within the Council (Planning, Legal etc.) and also originate from external sources such as water authorities, highway agencies, county councils etc.
Every Metropolitan, City, Unitary and District Council in England and Wales are required by law to keep a Register of Local Land Charges.

Listed below are some common charges that appear on the Local Land Charges Register:

• Ancient Monuments
• Closing Orders
• Conservation Orders
• Dangerous Structures
• Enforcement Notices
• Financial Charges
• Highway Agreement
• Housing Grants
• Listed Buildings
• Planning Conditions
• Planning Obligations
• Tree Preservation Orders

The Local Land Charges Register is further divided into 12 parts as follows:

1. General Finance Charges
2. Specific Finance Charges
3. Planning Charges
4. Miscellaneous Charges and Provisions
5. Fenland Ways Maintenance and Improvement Charges
6. Land Compensation Charges
7. New Towns Charges
8. Civil Aviation Charges
9. Opencast Coal Mining Charges
10. Listed Buildings Charges
11. Light Obstruction Charges- these are the only charges that can be created from members of the public.
12. Drainage Scheme Charges

All charges are enforceable by the local authority except parts 7 and 8, which are enforced by statutory bodies and private individuals generally.
A buyer should search in all parts of this particular register either personally or by an official search.