TREES (DISPUTES BETWEEN NEIGHBOURS) ACT 2006 - SECT 17A
Registration of judgment debt as charge on land
TREES (DISPUTES BETWEEN NEIGHBOURS) ACT 2006 - SECT 17A
Registration of judgment debt as charge on land
17A Registration of judgment debt as charge on land
(1) The council may, after obtaining an order of a court in proceedings
against an owner of land for the recovery of costs in accordance with
section 17 (8), apply to the Registrar-General for registration of the order
in relation to that land.
(2) An application under this section must define
the land to which it relates.
(3) The Registrar-General must, on application
under this section and lodgment of the court order, register the order in
relation to the land in such manner as the Registrar-General thinks fit.
(4)
There is created by force of this section, on the registration of the order, a
charge on the land in relation to which the order is registered to secure the
payment to the council of the amount payable under the order.
(5) Such a
charge ceases to have effect in relation to the land:
(a) if the council
certifies in writing that the amount payable under the order has been paid to
the council or that the council has otherwise agreed to the cancellation of
the charge--on registration of the cancellation of the charge by the
Registrar-General, or
(b) on the sale or other disposition of the property
with the consent of the council, or
(c) on the sale of the land to a
purchaser in good faith for value who, at the time of the sale, has no notice
of the charge,
whichever first occurs.
(6) Such a charge is subject to every
charge or encumbrance to which the land was subject immediately before the
order was registered and, in the case of land under the provisions of the
Real Property Act 1900 , is subject to every prior mortgage, lease or other
interest recorded in the Register kept under that Act.
(7) Such a charge is
not affected by any change of ownership of the land, except as provided by
subsection (5).
(8) If:
(a) such a charge is created on land of a particular
kind and the provisions of any law of the State provide for the registration
of title to, or charges over, land of that kind, and
(b) the charge is so
registered,
a person who purchases or otherwise acquires the land after the
registration of the charge is, for the purposes of subsection (5), taken to
have notice of the charge.
(9) If such a charge relates to land under the
provisions of the Real Property Act 1900, the charge has no effect until it
is registered under that Act.
(10) A council that makes an application under
this section for registration of a court order may, by notice in writing,
require the person against whom the order was made to pay all or any of the
reasonable costs and expenses incurred by the council in respect of the
registration of the court order. The council may recover any unpaid amounts
specified in the notice as a debt in a court of competent jurisdiction.
(11)
In this section, a reference to an order of a court includes a reference to a
judgment of a court.