Commentary on Sections Part 2 — Monuments of special historic interest Chapter 6 — Acquisition, guardianship and public access Section 46 — Supplementary provision about guardianship deeds
163.Section 46(1) establishes that a guardianship deed is a local land charge. The title to the property will therefore alert any purchaser of the existence of the deed, and the restrictions imposed by the terms of the deed.
164.Subsection (2) provides for a situation where person A derives title to a monument of special historic interest from person B who has executed a guardianship deed. Person A will be bound by the guardianship deed unless person A‘s title to the monument was derived from a disposal made by person B before the execution of the guardianship deed.
165.Subsection (3) provides that the Welsh Ministers or a local authority may not become guardians of a monument occupied as a dwelling, apart from where the occupier is the caretaker or a member of the caretaker’s family.