Drainage Act 1939 No 29
Repealed version for 1 January 2000 to 31 December 2000 (accessed 28 November 2014 at 13:58)

52   Charge of rates on land

(1)  Every rate under this Act shall, together with any costs awarded to the board, be and remain a charge on the land in respect of which such rate is made and levied, in priority to all sales, conveyances, transfers, mortgages, charges, liens and encumbrances whatsoever:

Provided that:

(a)  no such charge for any rate or costs shall be of any effect as against a bona fide purchaser for value who at the time of purchase made due inquiry but had no notice of the liability, and
(b)  a purchaser shall be deemed to have made due inquiry who has in good faith obtained a certificate of the secretary as to the amount (if any) due in respect of rates and costs.

(2)  Where the land is owned by the Crown the charge shall not affect or extend to:
(a)  the estate or interest of the Crown in the land, or
(b)  the estate or interest of any person holding under a lease from the Crown where the lease is granted after the rate is levied, whether the land has been previously held under a lease from the Crown or not.
(3)  The charge shall rank pari passu with any charge on the land under any other Act.
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