Q&As

A registered title contains a note stating that a perpetual yearly rentcharge created in 1882 has been ‘informally exonerated’ by a 1945 conveyance. The 1945 conveyance transferred the land subject to covenants ‘except for the covenant to pay the...1882 yearly rent’, and created a newer rent charge that is noted on the title and was demanded and paid until c.1990. Is the 1882 rentcharge still capable of being demanded and binding on the current owner?

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Produced in partnership with Helen Galley of XXIV Old Buildings
Published on LexisPSL on 24/05/2018

The following Property Disputes Q&A produced in partnership with Helen Galley of XXIV Old Buildings provides comprehensive and up to date legal information covering:

  • A registered title contains a note stating that a perpetual yearly rentcharge created in 1882 has been ‘informally exonerated’ by a 1945 conveyance. The 1945 conveyance transferred the land subject to covenants ‘except for the covenant to pay the...1882 yearly rent’, and created a newer rent charge that is noted on the title and was demanded and paid until c.1990. Is the 1882 rentcharge still capable of being demanded and binding on the current owner?

It is assumed that the only payments made since 1945 have been the payments due under the new rentcharge which itself ceased being paid in around 1990.

It is also assumed that the right of the owner of the 1882 rentcharge was not acknowledged before the end of the 12 years period after 1945 and at intervals thereafter.

A rentcharge is an annuity secured on some specified land. The circumstances in which they can be created is now restricted by statute and most will be abolished in due course, but they do remain of some importance.

The Rentcharges Act 1977 provides that no rentcharge, whether legal or equitable, may be created after August 21 1977 and a pre-existing rentcharge shall be extinguished at the end of 60 years from July 22 1977, or 60 years from the date on which it was first payable, whichever is the later, but in the case of a variable rentcharge the period of 60 years runs only from the date, if any, on which it ceases to be variable.

The words of limitation required for the transfer of an existing rentcharge are go

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