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Statutes of Northern Ireland


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LAND REGISTRATION ACT (NORTHERN IRELAND) 1970

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - LONG TITLE

An Act to revise the law relating to the registration of the title
to land; to extend the compulsory registration of the title to
land; to repeal and re-enact with certain amendments the law
relating to the registration of statutory charges; and for matters
connected therewith.
[23rd June 1970]
1962 c.30

(a)section 59(1) and (4) imposes certain duties on the Bankruptcy
Registrar; and

(b)section 85(3)(m) authorises the making of Land Registry Rules
providing for the taxation of costs by the taxing master of the
Supreme Court.

Land Registry.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 1

1.(1) There shall continue to be a land registry in Northern
Ireland which shall be called "the Land Registry".

(2) The Land Registry shall consist of a central office situate in
Belfast and a local office for each of such areas as may be
prescribed.

(3) The provisions of Schedule 1 shall apply in relation to the
appointment of officials and other staff of the Land Registry, the
functions of such officials and staff and to the official seals to
be used in the Land Registry.

(4) The central office shall be the office for registration of the
ownership of all land in Northern Ireland and, subject to Schedule
1, shall be under the control and management of an officer who
shall be called the Registrar of Titles (in this Act referred to
as "the Registrar").

(5) Each local office shall perform such functions as may be
prescribed and shall, subject to Schedule 1 and to the direction of
the Registrar, be under the control and management of the [chief
clerk for the county court division] in which the local office is
situate, and such [chief clerk] is in this Act referred to as a
"local registrar".

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 2
Power of Registrar to summon witnesses.

2.(1) The Registrar may, by summons under the seal of the central
office, require the attendance of any person whom he may consider
to be necessary, in connection with any matter relating to
registration under this Act, for examination under this section and
may, by like summons, require any person to produce for his
inspection any document in his custody or under his control relating
to that matter.

(2) The Registrar may, by like summons, require any person having
the custody of any map, survey, record or book made or kept in
pursuance of any statutory provision to produce the map, survey,
record or book for his inspection.

(3) The Registrar may examine on oath or otherwise any person
appearing before him, and may accordingly administer an oath.

(4) The Registrar may allow to any person summoned by him pursuant
to subsection (1) or (2) the reasonable expenses of his attendance.

(5) Any expenses allowed pursuant to subsection (4) shall be deemed
to be costs incurred in or about proceedings for registration, and
may be dealt with in such manner as may be prescribed.

(6) If any person, after being served with a summons under
subsection (1) or (2), or with a copy thereof, and after having
had tender made to him of the travelling and subsistence expenses,
if any, to which he is entitled, wilfully neglects or refuses

(a)to attend, or to produce any document, in pursuance of the
summons under subsection (1); or

(b)to produce any map, survey, record or book which he may be
required to produce pursuant to the summons under subsection (2); or

(c)to answer on oath or otherwise any questions lawfully put to him
by the Registrar;

Indemnity of Land Registry officials.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 3

3. The Registrar and each local registrar shall not, nor shall any
officer or person acting pursuant to any authority conferred by or
under this Act, be liable to any action, suit or proceedings for,
or in respect of, any act or matter done or omitted to be done
in good faith in the exercise, or purported exercise, of the
functions conferred by or under this Act.

Jurisdiction of the High Court and county courts.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 4

4. The High Court and, in relation to matters coming within the
jurisdiction of a county court, the county court shall have
jurisdiction for the purposes of this Act; and "the court" shall,
in this Act, be construed accordingly.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 5
Power of court in action for specific performance.

5. Where an action is instituted for the specific performance of a
contract relating to registered land, the court before which the
action is pending may cause all or any parties who have registrable
rights in the land, or have entered cautions or inhibitions against
the same, to appear in the action and show cause why the contract
should not be specifically performed, and the order of the court in
the action shall be binding on those parties or any of them.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 6
Appeal and reference to the High Court.

6.(1) Any person aggrieved by any order of the Registrar, or by
any decision of the Registrar other than a decision on a matter
expressly stated to be in his discretion, may appeal to the High
Court, and that Court may annul or confirm, with or without
modification, the order or decision.

(2) Whenever the Registrar entertains a doubt as to any question of
law or of fact arising in the course of registration under this
Act, he may make an order referring the question to the High
Court.

(3) Save as is otherwise provided by section 61, the High Court,
in any proceeding under this section, shall, if so requested by the
Registrar, and may in any case, if necessary, appoint, for the
purposes of that proceeding, a guardian or other person to represent
any minor, person of unsound mind, person absent from Northern
Ireland, unborn person or person as to whom it is not known
whether he is dead or alive.

(4) The High Court may, if it is satisfied that the interests of
any person represented as is mentioned in subsection (3) are
sufficiently protected by the representation, make an order declaring
that he shall be conclusively bound by the decision of the Court
and, thereupon, he shall, subject to section 7, be bound accordingly
as if he were a party.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 7
Appeal from the High Court.

7. The decision of the High Court under section 6 shall be final
and conclusive on all the parties except that an appeal shall lie,
in accordance with rules of court, to the Court of Appeal

(a)where the decision involves any question of law;

(b)in any other case, with the leave of the High Court or the
Court of Appeal.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 8
Enforcement by High Court of order of Registrar.

8. If any person disobeys an order of the Registrar made in
pursuance of this Act or Land Registry Rules, the Registrar may
certify the disobedience to the High Court, and, thereupon, the
person guilty of the disobedience may, subject to his right of
appeal to that Court from such order, be punished by that Court as
if the order of the Registrar were the order of that Court.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 9
Registrar to obey order of court.

9.(1) The Registrar shall obey the order of any court of competent
jurisdiction in relation to registered land on being served with the
order or an office copy thereof.

(2) The Registrar may, where he considers it necessary, apply
personally and without notice or formality to the court which has
made such an order either to vary the same or to give directions
as to the mode in which it is to be obeyed, and, thereupon, that
court may, after such notice, if any, as it may direct, vary such
order in such manner, or make such new order, or give such
directions, as it may think fit.

Registers of freeholders, leaseholders and subsidiary interests.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 10

10. There shall be maintained in the central office in accordance
with the provisions of this Act and of Land Registry Rules

(a)registers of

(i)freeholders (in this Act referred to as "the register of
freeholders") for the registration of freehold estates in land; and

(ii)leaseholders (in this Act referred to as "the register of
leaseholders") for the registration of leasehold estates in land
where the term granted is for a life or lives or is determinable
on a life or lives, or where it exceeds twenty-one years;

(a)excluding, in each case, the ownership of land comprising
incorporeal rights held in gross; and

(b)a register (in this Act referred to as "the register of
subsidiary interests") of ownership of

(i)land comprising incorporeal rights held in gross; and

(ii)such other rights in land as may be prescribed.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 11
Conclusiveness of registers.

11.(1) Save as is otherwise provided by or under this Act, each
register shall be conclusive evidence of the titles shown on that
register and of any right, privilege, appurtenance or burden as
shown thereon, and the title of any person shown thereon shall not,
in the absence of actual fraud, be in any way affected in
consequence of his having notice of any deed, document or matter
relating to or affecting the title so shown.

(2) Notwithstanding anything entered on any register before the
passing of the Mineral Development Act (Northern Ireland) 1969, the
registration of any person as owner of any land shall not include
any rights to or in relation to

(a)petroleum vested in the Ministry of Commerce by virtue of the
Petroleum (Production) Act (Northern Ireland) 1964; or

(b)mines and minerals vested in that Ministry by virtue of the said
Act of 1969.

(3) Without prejudice to subsection (2), the registration of any
person as owner of any land shall not as such be evidence of his
title to any mineral rights in that land, unless a note to the
contrary is entered on the appropriate register.

Classes of owners who may be registered.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 12

12. Subject to the provisions of section 60 regarding minors, a
person may be registered in accordance with Land Registry Rules

(a)in the case of a freehold estate, as owner in fee simple (in
this Act referred to as the "full owner" of that estate); or

[(b)in the case of a settled freehold estate,

(i)if he is a tenant in tail; or

(ii)if he is a tenant for life; or

<(iii)if he has under the Settled Land Acts the powers of a tenant for life;

(b)as the limited owner of that estate; or]

(c)in the case of a leasehold estate, as the person in whom the
leasehold estate is vested in possession (in this Act referred to
as the "full owner" of that estate); or

(d)in the case of a settled leasehold estate, if he is either a
tenant for life or has under the Settled Land Acts the powers of
a tenant for life, as the limited owner of that estate.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 13
Classes of title with which owner may be registered.

13.(1) On first registration of the ownership of a freehold estate,
a person may be registered with

(a)an absolute title; or

(b)a good fee farm grant title; or

(c)a possessory title; or

(d)a qualified title.

(2) On first registration of the ownership of a leasehold estate, a
person may be registered with

(a)an absolute title; or

(b)a good leasehold title; or

(c)a possessory title; or

(d)a qualified title.

Application for first registration of freehold estate.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 14

14.(1) An application for first registration of the ownership of a
freehold estate may be made by

(a)the owner of an estate in fee simple in the land (including a
personal representative, but excluding a mortgagee where there is a
subsisting right of redemption); or

(b)a tenant for life, or a person who has under the Settled Land
Acts the powers of a tenant for life; or

(c)any other person authorised in that behalf by any statutory
provision;

(2) An application under subsection (1) shall be made for
registration with

(a)an absolute title; or

(b)a good fee farm grant title; or

(c)a possessory title.

(3) Where the applicant is a personal representative, any
registration under this section shall be made

(a)by registering in the appropriate register, as owner of the
estate, the person who is entitled thereto under the will or on
the intestacy of the deceased owner; or

(b)by registering in the appropriate register, as owner of the
estate, a transferee for valuable consideration of the lands from
such personal representative; or

(c)by entering on the appropriate register a note showing the nature
of the estate of the deceased owner with particulars of the date
of his death and of the grant of representation, including the
names and addresses of the personal representatives.

(4) The entry of a note referred to in subsection (3)(c) shall
operate as if it were the registration of the deceased owner of
the estate and as if it were the entry of the note referred to
in paragraph 3 of Schedule 4.

(5) A person shall not be registered under this section as an
owner unless the title with which he is to be registered is
approved by the Registrar.

(6) If, on an application for first registration as an owner of a
freehold estate with one of the classes of title specified in
subsection (2), the Registrar decides that the person to be
registered as owner of the estate should be registered with a title
of another of those classes or with a qualified title, the
Registrar may, subject to such conditions as may be prescribed,
register that person accordingly.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 15
Effect of first registration of freehold estate with an absolute
title.

15.(1) On first registration of a person as full owner of a
freehold estate with an absolute title, an estate in fee simple in
the land shall, subject to subsections (3) and (4), vest in the
person so registered, whether or not it was theretofore vested in
him.

(2) On first registration of a person as limited owner of a
freehold estate with an absolute title, the person so registered
shall, subject to subsections (3) and (4), be, in respect of that
land

(i)a tenant for life; or

(ii)a tenant in tail; or

(iii)a person having under the Settled Land Acts the powers of a
tenant for life;

(3) In either of the cases specified in subsections (1) and (2),
the estate of the registered owner shall be subject to

(a)any registered burdens affecting the estate;

(b)any other matters appearing from the register to affect the
estate; and

(c)any Schedule 5 burdens affecting the estate;

(4) If, on first registration, the registered owner holds the estate
as trustee, nothing in this section shall affect his duties and
liabilities as such trustee.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 16
Effect of first registration of freehold estate with a good fee
farm grant title.

16.(1) On first registration of a person as full or limited owner
of a freehold estate with a good fee farm grant title, the person
so registered shall, subject to the estates mentioned in subsection
(2), have the same estate as if he had been registered as full
or, as the case may be, limited owner of that estate with an
absolute title.

(2) The first registration of a person as full or limited owner of
a freehold estate with a good fee farm grant title shall not
prejudice or affect any estate arising by virtue of any grant
superior to the fee farm grant under which he holds the land.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 17
Effect of first registration of freehold estate with a possessory
title.

17.(1) On first registration of a person as full or limited owner
of a freehold estate with a possessory title, the person so
registered shall, save as is otherwise provided by subsection (2),
have the same estate as if he had been registered as full or, as
the case may be, limited owner of that estate with an absolute
title.

(2) The first registration of a person as full or limited owner of
a freehold estate with a possessory title shall not prejudice or
affect the enforcement of any right adverse to, or in derogation
of, the title of that person (or, in the case of a limited owner,
of that person and of any other person entitled under the
settlement in respect of which the first-mentioned person is
registered as limited owner) and subsisting or capable of arising at
the time of first registration of the title so registered.

(3) "Right", in subsection (2), includes any right or equity
existing by reason of the interest of such owner being deemed to
be a graft upon his previous interest in the land.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 18
Qualified title to freehold estate.

18.(1) If, on an application for first registration of any person
as full or limited owner of a freehold estate with an absolute
title or a good fee farm grant title, it appears to the Registrar,
on examination of the applicant's title to that estate, that the
title can be established only for a limited period, or only subject
to certin qualifications, the Registrar may, by an entry made on
the register, except from the effect of registration any estate

(a)arising before a specified date; or

(b)arising under a specified document; or

(c)otherwise particularly described in the register;

(2) The first registration of a person as full or limited owner of
a freehold estate with a qualified title shall have the same effect
as first registration with an absolute title or, as the case may
be, with a good fee farm grant title, save that first registration
with a qualified title shall not prejudice or affect the enforcement
of any estate appearing from the register to be excepted.

Application for first registration of leasehold estate.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 19

19.(1) An application for first registration of the ownership of a
leasehold estate may be made by

(a)the owner of the leasehold estate (including a personal
representative or a person having under the Settled Land Acts the
powers of a tenant for life, but excluding a mortgagee where there
is a subsisting right of redemption); or

(b)any other person authorised in that behalf by any statutory
provision;

(2) An application under subsection (1) shall be made for
registration with

(a)an absolute title; or

(b)a good leasehold title; or

(c)a possessory title.

(3) Where the applicant is a personal representative, any
registration under this section shall be made

(a)by registering in the appropriate register, as owner of the
estate, the person who is entitled thereto under the will or on
the intestacy of the deceased owner; or

(b)by registering in the appropriate register, as owner of the
estate, a transferee for valuable consideration of the lands from
such personal representative; or

(c)by entering on the appropriate register a note showing the nature
of the estate of the deceased owner with particulars of the date
of his death and of the grant of representation, including the
names and addresses of the personal representatives.

(4) The entry of a note referred to in subsection (3)(c) shall
operate as if it were the registration of the deceased owner of
the estate and as if it were the entry of the note referred to
in paragraph 3 of Schedule 4.

(5) A person shall not be registered under this section with an
absolute title unless the title to both the leasehold estate and
the freehold estate and to any intermediate estate which may exist
is approved by the Registrar.

(6) A person shall not be registered under this section with a
title other than an absolute title unless the title with which he
is to be registered is approved by the Registrar.

(7) If, on application for first registration as owner of a
leasehold estate with one of the classes of title specified in
subsection (2), the Registrar decides that the person to be
registered as owner of the estate should be registered with a title
of another of those classes or with a qualified title, he may,
subject to such conditions as may be prescribed, register that
person accordingly.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 20
Effect of first registration of leasehold estate with an absolute
title.

20.(1) On first registration of a person as full owner of a
leasehold estate with an absolute title, the leasehold estate shall,
subject to subsections (3) and (4), vest in the person so
registered, whether or not it was theretofore vested in him.

(2) On first registration of a person as limited owner of a
leasehold estate with an absolute title, the person so registered
shall, subject to subsections (3) and (4), be, in respect of that
land, a tenant for life or, as the case may require, a person
having under the Settled Land Acts the powers of a tenant for
life, and that land shall be subject to the settlement in respect
of which that person is registered as limited owner.

(3) In either of the cases specified in subsections (1) and (2),
the estate of the registered owner shall be subject to

(a)any registered burdens affecting the estate;

(b)any other matters appearing from the register to affect the
estate; and

(c)any Schedule 5 burdens affecting the estate;

(4) If, on first registration, the registered owner holds the estate
as trustee, nothing in this section shall affect his duties and
liabilities as such trustee.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 21
Effect of first registration of leasehold estate with a good
leasehold title.

21.(1) On first registration of a person as full or limited owner
of a leasehold estate with a good leasehold title, the person so
registered shall, save as is otherwise provided by subsection (2),
have the same estate as if he had been registered as full or, as
the case may be, limited owner of that leasehold estate with an
absolute title.

(2) The first registration of a person as full or limited owner of
a leasehold estate with a good leasehold title shall not prejudice
or affect the enforcement of any right adverse to, or in derogation
of, the title of the lessor to grant the lease.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 22
Effect of first registration of leasehold estate with a possessory
title.

22.(1) On first registration of a person as full or limited owner
of a leasehold estate with possessory title, the person so
registered shall, save as is otherwise provided by subsection (2),
have the same estate as if he had been registered as full or, as
the case may be, limited owner of that leasehold estate with an
absolute title.

(2) The first registration of a person as full or limited owner of
a leasehold estate with a a possessory title shall not prejudice or
affect the enforcement of any right (whether in respect of the
lessor's title or otherwise) adverse to, or in derogation of, the
title of that person (or, in the case of a limited owner, of that
person and of any other person entitled under the settlement in
respect of which the first-mentioned person is registered as limited
owner) and subsisting or capable of arising at the time of first
registration.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 23
Qualified title to leasehold estate.

23.(1) If, on an application for first registration of any person
as full or limited owner of a leasehold estate with an absolute
title or a good leasehold title, it appears to the Registrar, on
examination of the applicant's title to that estate, that the title,
either of the lessor to the reversion or of the lessee to the
leasehold estate, can be established only for a limited period, or
only subject to certain qualifications, the Registrar may, by an
entry made on the register, except from the effect of registration
any estate

(a)arising before a specified date; or

(b)arising under a specified document; or

(c)otherwise particularly described in the register;

(2) The first registration of a person as full or limited owner of
a leasehold estate with a qualified title shall have the same
effect as first registration with an absolute title or, as the case
may be, with a good leasehold title save that first registration
with a qualified title shall not prejudice or affect the enforcement
of any estate appearing from the register to be excepted.

Compulsory first registration.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 24

24.(1) Subject to subsection (2), the first registration of the
ownership of any land shall be compulsory in the cases specified in
column 1 of Part I of Schedule 2.

(2) Subsection (1) shall not apply so as to require the
registration of any rights to or in relation to mines and minerals
or petroleum vested in the Ministry of Commerce by virtue of any
statutory provision.

(3) In any case where the first registration of any land is
compulsory, the effect of non-registration shall be as specified, in
respect of that case, in column 2 of Part I of Schedule 2.

(4) The provision of Part II of Schedule 2 shall apply for the
purpose of extending, in certain cases, the period under Part I of
that Schedule within which land must be registered.

(5) The provisions of Part III of Schedule 2 shall have effect for
the purpose of interpreting the provisions of Part I of that
Schedule.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 25
Extension of compulsory registration.

25. The Ministry of Finance (in this Act referred to as "the
Ministry") may, by order made subject to affirmative resolution,
declare that any county or county borough, or any part of a county
or county borough, shall be a compulsory registration area, for the
purposes of entry 2 in Part I of Schedule 2, from such day as
may be specified in the order, not being a day earlier than six
months after the making of the order.

Reclassification of registered titles.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 26

26. The title to any registered land may be reclassified subject to
and in accordance with the provisions of Schedule 3.

Extinguishment of leasehold estates.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 27

27.(1) Where a registered leasehold estate is, under any statutory
provision, converted into an estate in fee simple, whether or not
subject to a fee farm rent, or where such estate becomes merged in
the freehold or in a superior leasehold or has otherwise been
extinguished, the Registrar shall, on application in such manner and
subject to such conditions as may be prescribed, and on such
examination of title as is required by this Act or as may be
prescribed

(a)cancel the entry in the register of leaseholders relating to the
estate which has been so converted, merged or extinguished, having
first entered a note of the reason for such closure; and

(b)if a superior title has been acquired under this subsection but
has not been registered, register such title in such register and
with such class of title as, after due examination of the title,
appears to the Registrar to be appropriate.

(2) Until the entry in the register of leaseholders has been
cancelled pursuant to subsection (1)(a) and, where necessary, until
the superior title has been registered pursuant to subsection (1)(b),
the owner of the superior estate shall not, under the provisions of
this Act, have any further or other title to the land than he
would have had if the leasehold estate had not been converted or,
as the case may be, merged or extinguished.

Examination of title by Registrar.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 28

28. Subject to the following provisions, the examination of any
title under this Act shall be conducted in such manner as may be
prescribed

(a)due notice shall be given, where the giving of such notice is
prescribed, and sufficient opportunity shall be afforded to any
person desirous of objecting to come in and state his objections to
the Registrar;

(b)the Registrar shall have jurisdiction to hear and determine any
such objection;

(c)if the Registrar, on examination of any title, is of opinion
that the title is, notwithstanding a defect therein, a title the
holding under which will not be disturbed, he may, in his
discretion, approve such title, or may require the applicant to
apply to the court, upon a statement signed by the Registrar, for
its sanction to the registration.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 29
Affidavit required before registration.

29.(1) Before the completion of the registration of any person as
owner of any land in respect of which an examination of title is
required, the applicant for registration and his solicitor shall
each, if so required by the Registrar, make an affidavit that, to
the best of his knowledge and belief

(a)all deeds, wills and other documents of title affecting the title
the subject of the application;

(b)all incumbrances affecting such title; and

(c)all facts material to such title;

(2) The Registrar may require any person making an affidavit in
pursuance of subsection (1) to state in his affidavit what means he
has had of becoming acquainted with the several matters referred to
in that subsection.

(3) Without prejudice to subsections (1) and (2), the Registrar may,
if he is of the opinion that any further or other evidence is
necessary or desirable before completing the registration, refuse to
complete the registration until such further or other evidence is
produced.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 30
Production of deeds, etc.

30.(1) When an application has been made to the Registrar which
requires the examination of any title to land, then, if any person
has in his possession or custody any document or evidence of title
relating to or affecting that title, to the production of which the
applicant or any trustee for him is entitled, the Registrar may
require that person to show cause, within a specified time, why he
should not produce such document or evidence of title to the
Registrar, or otherwise as the Registrar may think fit.

(2) Unless, in such case, cause is shown to the satisfaction of
the Registrar within the time specified, he may order the document
or evidence of title to be produced, at the expense of the
applicant, at such time and place, and in such manner and on such
terms, as the Registrar thinks fit.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 31
Deeds, etc., to be marked with notice of registration.

31. A person shall not be registered as owner of any land until
he has produced to the Registrar, if so required by the Registrar,
such documents of title as, in the opinion of the Registrar, ought
to be endorsed with a note of the fact of such registration in
order that such fact cannot be concealed from a purchaser or other
person dealing with the land.

Dealings with registered land.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 32

32.(1) Save as is otherwise provided by or under this Act or by
any other statutory provision, the registered owner of any land
shall alone be entitled to deal with that land by registered
disposition.

(2) Except as provided by this subsection, nothing in this Act
shall prevent a person from creating any estate in any registered
land as if that land had been unregistered land; but

(a)all estates in registered land shall be subject to the provisions
of this Act; and

(b)without prejudice to paragraph 1 of Part I of Schedule 7, a
mortgage or other deed of charge, in whatever form expressed, shall,
in so far as it relates to registered land, operate only to create
a charge and not to vest any freehold or leasehold estate (whether
or not subject to defeasance) in the land in the person in whose
favour the mortgage or other deed of charge is created.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 33
Powers of person entitled to be registered.

33.(1) Where a person who has become entitled to be registered as
owner of any registered land, either on transmission on the death
of a registered owner or in consequence of a disposition by a
registered owner, wishes to deal with the land, he may, subject to
subsections (2) and (3), do so in such manner and subject to such
conditions as may be prescribed.

(2) Any dealing by a person entitled to be so registered shall,
subject to such modifications as may be necessary to define clearly
the land, be in the same form as is required for such a dealing
by a registered owner, but registration of any such dealing shall
not be made until the person executing the document has been
registered as owner, or until his right to be so registered has
been shown to the satisfaction of the Registrar.

(3) Subject to the provisions of this Act with regard to registered
dealings for valuable consideration, registration of a dealing by a
person entitled to be so registered before he is registered shall
have the same effect as if he had been so registered.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 34
Transfers of registered land.

34.(1) Save as is otherwise provided by or under this Act or by
any other statutory provision and subject, in the case of a limited
owner, to the Settled Land Acts, a registered owner of any land
may transfer the land, or any part thereof.

(2) There shall be executed on any such transfer a document in the
prescribed form, or in such other form as shall sufficiently
transfer the land and as shall not be calculated to mislead.

(3) Any such transfer shall be completed by the registration of the
transferee as owner of the land, but, until such registration, the
document shall not operate to transfer the land.

(4) On registration of a transferee of any land as full owner of
the land, the document of transfer shall operate as a conveyance by
deed within the meaning of the Conveyancing Acts, and there shall
be vested in the registered transferee the land transferred, subject

(a)to all registered burdens and to all other matters appearing from
the register to affect the land;

(b)to any Schedule 5 burdens affecting the land;

(c)if the transfer is made without valuable consideration, to
subsection (5); and

(d)if the transferee holds the land as a trustee, to his
liabilities and duties as such;

(5) Where such a transfer is made without valuable consideration, it
shall, so far as concerns the transferee and persons claiming under
him otherwise than for valuable consideration, be subject to all
unregistered rights subject to which the transferor held the land
transferred.

(6) The registration of a transferee as limited owner of any land
shall have the same effect as registration of him as a full owner
thereof, except that

(a)in the case of a transfer of a freehold estate, the fee simple;
and

(b)in the case of a transfer of a leasehold estate, the leasehold
estate;

(7) Where an application is made for the registration of the
transfer for valuable consideration of any registered land and the
transferor thereof is registered

(a)as an owner with a possessory title, the application shall,
except in any case where any provision to the contrary may be
prescribed, be accompanied by all documents, in the possession of
the applicant or under his control, relating to the title (including
contracts, abstracts, counsel's opinions, requisitions and replies and
other like documents), together with an affidavit containing such
particulars as may be prescribed;

(b)as an owner with a qualified title, the application shall be
accompanied by such documents and evidence as may be prescribed.

(8) Land Registry Rules may provide for the modification of the
provisions of this section in its application to the transfer of
charges.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 35
Words of transfer.

35.(1) Subject to subsection (2) and to section 34(3)

(a)a document of transfer of a registered freehold estate without
words of limitation shall be construed as passing the fee simple,
or other the whole estate which the transferor had power to
transfer, unless a contrary intention appears in the document of
transfer;

(b)a document of transfer of a registered freehold estate to a
corporation sole by his corporate designation without the word
"successors" shall be construed as passing the fee simple, or other
the whole estate which the transferor had power to transfer, unless
a contrary intention appears in the document of transfer;

(c)in a document of transfer of any registered land, a resulting
use or trust for the transferor shall not be implied merely by
reason that the property is not expressed to be transferred to the
use or benefit of the transferee; and

(d)[without prejudice to Article 10 of the Property (Northern
Ireland) Order 1978] a registered owner of a freehold estate may
transfer estates therein to several persons in succession, including
himself, and co-registered owners of a freehold estate may transfer
estates therein to themselves, without the necessity of a grant to
uses or the creation of a trust for that purpose.

(2) Subsection (1) shall apply only to documents of transfer
executed after the commencement of this Act.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 36
Defeasance of registered owner's estate.

36.(1) In any of the following cases of defeasance of the estate
of a registered owner, that is to say, where

(a)under a power of sale conferred by a mortgage effected before
the first registration of the land;

(b)under a deed poll executed in pursuance of the Lands Clauses
Acts or of any other statutory provision to the same effect;

(c)under a sale in execution of the judgment of any court;

(d)under a power of appointment;

(e)under a vesting order;

(f)under any statutory provision;

(g)in any other case which may be prescribed;

(2) Unless the Registrar is satisfied that the application is made
with the concurrence of the registered owner or, in the case of
his death

(a)if he is full owner, of his personal representatives;

(b)if he is not full owner, of any person whose concurrence appears
to the Registrar to be necessary;

Transmission of registered land.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 37

37. The provisions of Schedule 4 shall have effect in relation to
the transmission of registered land on the death of a registered
full owner and on the determination of the estate of a registered
limited owner.

Matters which are burdens affecting registered land without
registration.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 38

38.(1) Notice of the existence of any of the burdens specified in
Part I of Schedule 5, as for the time being subsist, may, [without
prejudice to Article 8(a) of the Property (Northern Ireland) Order
1978 and] subject to such conditions as may be prescribed, be
entered on the appropriate register, but every such burden shall,
unless under the provisions of Part II of that Schedule the
contrary is expressed on that register, affect the land whether or
not such notice is so entered.

(2) [Without prejudice to Article 8(a) of the Property (Northern
Ireland) Order 1978] the provisions of Part II of Schedule 5 shall
apply in relation to Schedule 5 burdens.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 39
Registration of certain burdens.

39.(1) Any of the matters specified in Part I of Schedule 6 may,
subject to Part X of this Act, be entered as burdens on the
appropriate register.

(2) [Without prejudice to Article 8(a) of the Property (Northern
Ireland) Order 1978] the provisions of Part II of Schedule 6 shall
apply in relation to the registration of Schedule 6 burdens.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 40
Priority of registered burdens.

40. Save as otherwise provided by this Act or by any other
statutory provision and subject to any entry to the contrary
contained in the appropriate register, registered burdens affecting
the same land which, if unregistered, would rank in priority
according to the date of their creation shall, if created or
arising since the first registration of the land, rank according to
the order in which they are entered or deemed to have been entered
on the register and not according to the order in which they are
created or arise, and shall rank in priority to any other burden
(not being a Schedule 5 burden) affecting the land and created or
arising since the first registration of the land.

Creation and effect of charges on registered land.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 41

41.(1) A registered owner of land may, subject to the provisions of
this Act, charge the land with the payment of money either with or
without interest, and either by way of annuity or otherwise.

(2) A charge under subsection (1) may be created by deed or by
will and, subject to subsection (3), the Registrar shall, on
registering such a charge as a burden, register the ownership of
that charge in such register as he may consider proper.

(3) Where a charge created by will does not expressly charge any
registered land with payment to a specified person of a specified
sum, with or without interest, or of an annuity, the Registrar
shall not, unless the court otherwise directs, be obliged to
register the ownership of that charge in any register.

(4) Any power, howsoever conferred, to borrow or lend money on the
security of a mortgage shall be construed as including power to do
so on the security of a registered charge.

(5) Part I of Schedule 7 shall apply in relation to the
registration and effect of charges created by registered full owners
of land and registered limited owners of land and by persons having
the like power to create such charges.

(6) Part II of Schedule 7 shall apply in relation to the creation
and effect of charges by registered limited owners of land acting
in conjunction with all other persons entitled under the settlement.

(7) Part III of Schedule 7 shall apply in relation to the validity
of certain charges purporting to have been registered in the Land
Registry at the 28th July 1957.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 42
Exercise of power of charging land

42.(1) Where

(a)a power to charge registered land; or

(b)a trust for securing money on registered land;

(2) In the absence of any agreement to the contrary made by the
persons entitled to make such agreement, a charge created under a
registered power shall be entered on the register as of the same
priority as that power.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 43
Priority of registered charge for future advances.

43.(1) Where a registered charge is expressed to be created on any
land for the purpose of securing future advances (whether with or
without present advances), the registered owner of the charge shall
be entitled in priority to any subsequent charge to the payment of
any sum due to him in respect of such future advances, except any
advances which may have been made after the date of, and with
express notice in writing of, the subsequent charge.

(2) In this section, "future advances" includes sums from time to
time due on an account current and all sums which by agreement or
the course of business between the parties are considered to be
advances on the security of the charge.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 44
Powers with respect to charges under certain statutory provisions.

44.(1) Where a person has, under any statutory provision other than
this Act, a charge on registered land for the payment of any money
or a power to charge registered land with the payment of any
money, he shall have the same power to create a registered charge
on the land for that money as if he were the registered owner of
the land.

(2) Registration of a charge under this section shall have the same
effect as, and make unnecessary, registration thereof in pursuance of
any other statutory provision.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 45
Term of years vested in trustee for raising money out of registered
land.

45. Where a term of years is vested, whether before or after the
commencement of this Act, in a trustee or other person for the
purpose of raising money out of registered land, such vesting shall
operate as a trust for securing money on such registered land or,
as the case may be, as a power to charge that registered land
and, accordingly, the trust or power may be registered as a
Schedule 6 burden.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 46
Term of years vested in trustee for raising money, or mortgage,
prior to first registration.

46.(1) Where any land is first registered after the commencement of
this Act and prior to such registration, a term of years is vested
in a trustee or other person for the purpose of raising money out
of that land, such vesting shall, on the first registration of the
land, operate as a trust for securing money on that land or, as
the case may be, as a power to charge that land and, accordingly,
the trust or power may be registered as a Schedule 6 burden.

(2) Where, immediately prior to first registration, any land is
subject to any mortgage, or to any term of years to secure money
actually raised, such mortgage or term of years shall operate as a
charge on the land, and shall be registered as a charge thereon
and not otherwise, and the provisions of Part I of Schedule 7
shall have effect accordingly.

Right of residence on registered land.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 47

47. Where

(a)a right of residence in or on any registered land, whether a
general right of residence in or on that land or an exclusive
right of residence in or on part of that land; or

(b)a right to use a specified part of that land in conjunction
with a right of residence referred to in paragraph (a);

Modification and discharge of burdens other than charges.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 48

48.(1) A covenant or condition registered as a Schedule 6 burden
pursuant to entry 12 in Part I of that Schedule [may be

(a)modified or discharged by the Registrar, with the consent of the
persons concerned; or

(b)discharged by the court on being satisfied that the covenant or
condition

(i)does not run with the land; or

(ii)is not capable of being enforced against the owner of the
land.]

(2) The Registrar may, on the production of such evidence and
subject to such conditions as may be prescribed, modify or cancel
any entry in a register of any burden, being neither a charge nor
a covenant or condition to which subsection (1) applies.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 49
Discharge, etc., of registered charges.

49.(1) The Registrar shall

(a)at the request or with the concurrence of the registered owner
of the charge; or

(b)on proof in the manner specified in subsection (2) or in such
other manner as may be prescribed;

(i)the satisfaction of a registered charge or of any part thereof;

(ii)the release of any part of registered land from a registered
charge;

(2) For the purposes of subsection (1), the receipt of the
registered owner of a charge shall be sufficient proof of the
satisfaction of the charge or, as the case may be, of the part
thereof, and a release signed by the registered owner of a charge,
or, where the registered owner is a body corporate, under the seal
of the body corporate, shall be sufficient proof of the release of
any part of registered land subject to that charge.

Creation of security by deposit of land certificate or certificate
of charge.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 50

50. Subject to

(a)any registered burdens and to all other matters appearing from
the register to affect the land;

(b)any Schedule 5 burdens affecting the land; and

(c)Land Registry Rules;

Entry of rights appurtenant to land.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 51

51. Where, on an application by the registered owner or other
person entitled, the title to any right, privilege or appurtenance
belonging, appurtenant or attached to any registered land is proved
to the satisfaction of the Registrar, he shall make an entry in
the appropriate register showing the existence of such right,
privilege or appurtenance.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 52
Intermixed freehold and leasehold estates.

52. If, on an application for the first registration of ownership
of any land, it appears to the Registrar that the land comprises a
freehold estate and a leasehold estate, intermixed and
undistinguishable, the Registrar may, in his discretion and
notwithstanding anything contained in this Act, register the owner in
both the register of freeholders and the register of leaseholders as
owner of such land, and, in such event, the Registrar shall enter
on each of those registers, in respect of that land, the facts
appearing in relation to the estates in such land.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 53
Acquisition of title by possession.

53.(1) Subject to the provisions of this section, the Statute of
Limitations (Northern Ireland) 1958 shall apply to registered land as
it applies to unregistered land.

(2) Where there has been a defeasance of an estate in any
registered land in consequence of any of the provisions of the said
Statute and

(a)a person claims to have acquired a right by possession to be
registered as owner of an estate in that land; or

(b)the personal representatives of a deceased person claim that the
deceased or such representatives in right of the estate of the
deceased had acquired such a right;

(3) Without prejudice to section 6(2), the Registrar may, and shall
if requested to do so by the applicant or by any other person who
has lodged an objection to the application, refer the application
for decision to the court.

(4) On any application under this section, where the Registrar or,
as the case may be, the court decides that a title has been
acquired by the applicant or, where the application is made by the
personal representative of a deceased person, by the deceased or by
such representatives in right of the estate of the deceased, the
registration of that title shall be effected in such manner as the
Registrar may think proper but not so as to prejudice any estate
of any other person in the land to which the application relates,
being an estate which is not extinguished by the operation of the
said Statute.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 54
Notice of trusts.

54.(1) Save as is expressly provided by this Act, notice of a
trust shall not be entered on any register.

(2) None of the following persons shall, by reason merely of the
receipt by the Registrar of a document for the purpose of
registration, be affected by notice of any trust contained in, or
arising out of matters contained in, such document

(a)the Registrar;

(b)a registered transferee for valuable consideration of the land;

(c)a registered owner of a burden created for valuable consideration
on the land;

(d)a person claiming an estate created for valuable consideration in
a registered burden on the land.

(3) In this section, "trust" includes express, implied and
constructive trusts.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 55
Undivided shares and co-owners.

55.(1) The owner of any one or more undivided shares in any land
may, for the purpose of showing the share which he holds in the
land, be registered with the addition of such entries in the
appropriate register as may be prescribed.

(2) Two or more persons may, in such manner and subject to such
conditions as may be prescribed, be registered as owners of the
same land, and, where two or more persons are so registered, they
shall be deemed to be joint tenants unless there is any entry to
the contrary in the appropriate register.

(3) On the registration of two or more persons as owners of the
same land, an entry may, with their consent, be made on the
appropriate register to the effect that, when the numbers of those
owners is reduced below a certain specified number, a disposition of
the land shall not be registered except under an order of the
court, or of the Registrar made after due examination of the title.

(4) On the registration of two or more persons as owners of the
same land, if the Registrar decides that any number of those owners
less than the whole is entitled to make a registered disposition of
the land, he shall make an entry on the appropriate register to
that effect, and, notwithstanding anything contained in this section,
that number of those owners shall have power to make a registered
disposition of the land without an order of the court or Registrar.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 56
Special provisions applicable to settled land and to charitable
trusts, etc.

56.(1) The provisions of Part I of Schedule 8 shall apply to
settlements affecting any registered land.

(2) The provisions of Part II of Schedule 8 shall apply to
charitable and certain other trusts affecting any registered land.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 57
Power for trustee to apply to the court for directions.

57.(1) Where a trustee or other person acting in a fiduciary
capacity is in doubt as to the person who ought to be registered
pursuant to this Act, or as to any other matter with respect to
which he is required or authorised to act by or under this Act,
he may apply to the court for directions.

(2) The costs properly incurred by a trustee or other person acting
in a fiduciary capacity (including a limited owner exercising powers
conferred on him by or under the Settled Land Acts or this Act)
in, or in connection with, any proceeding or application required or
authorised by or under this Act shall be costs properly incurred by
him in the execution of his trust or duty, and may, in the case
of a proceeding before, or an application to, the Registrar, be
ascertained and decided by the Registrar.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 58
Provisions as to incumbrances created or issued by a body corporate
which are not registered or protected.

58. Where a body corporate incorporated under any statutory provision
is registered under this Act as owner of any registered land, the
Registrar shall not be concerned with, and a person claiming under
a registered dealing for valuable consideration shall not be affected
by, any mortgage, charge, debenture, debenture stock, trust deed or
other incumbrance created or issued by the body corporate, whether
or not registered or recorded under any other statutory provision,
unless such incumbrance is a registered burden or is protected by
the entry on the appropriate register of a caution or an
inhibition.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 59
Effect of bankruptcy of registered owner.

59.(1) If a petition of bankruptcy is presented by or against, or
a petition for arrangement under section 343 of the Irish Bankrupt
and Insolvent Act 1857 is presented by, the registered owner of any
land, the [Master (Bankruptcy)] shall give notice of the presenting
of the petition, in such manner as may be prescribed, to the
Registrar, and notice of the presenting of the petition shall
thereupon be entered on the appropriate register.

(2) Where notice of the presenting of a petition of bankruptcy has
been entered on the appropriate register under subsection (1) and
the registered owner is adjudicated a bankrupt, section 328 of the
said Act of 1857 (which relates to the protection of bona fide
transactions without notice) shall, in its application to registered
dealings with the land, have effect as if the date of the entry
of the notice were substituted for the date of the filing of the
petition.

(3) From and after the entry of a notice of the presenting of a
petition on the appropriate register under subsection (1) (but
without prejudice to dealings with or in right of estates superior
to the estate of the owner in respect of whose land the notice
has been entered), a dealing affecting the land of such registered
owner shall not, unless and until the entry is cancelled pursuant
to subsection (4) [, (4A)] or (6), be entered on the register
without the leave of the High Court.

(4) Where notice of the presenting of a petition has been given to
the Registrar under subsection (1) and

(a)the petition is afterwards dismissed; or

(b)the registered owner is adjudicated a bankrupt and the
adjudication is afterwards annulled; or

(c)in the case of a petition for arrangement, a certificate has
been issued under section 64 of the Bankruptcy (Ireland) Amendment
Act 1872;

[(4A) The Registrar shall cancel any entry in the appropriate
register made under subsection (1) on receipt of a direction in
writing to do so given by the Master (Bankruptcy).]

(5) If a registered owner of any land is adjudicated a bankrupt or
has a had resolution or agreement approved and confirmed in the
matter of a petition for arrangement presented by him under section
343 of the said Act of 1857 and the land thereby becomes vested
in assignees or trustees for the benefit of the creditors of the
registered owner, the assignees or trustees under the bankruptcy or,
as the case may be, the arrangement shall be entitled to be
registered as owners of the land in the place of the bankrupt or,
as the case may be, the arranging debtor, or, in the case of
settled land, as his assignees.

(6) On the registration of any assignees or trustees under
subsection (5), the Registrar shall cancel any entry on the
appropriate register made under subsection (1).

(7) The provisions of this section shall apply, with any necessary
modifications, to a petition for the administration in bankruptcy of
the estate of a person dying insolvent and to an order for the
administration of such an estate as it applies to a petition of
bankruptcy and to an adjudication of bankruptcy.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 60
Minors.

60.(1) Where the person entitled to be registered as owner of any
land is a minor, he shall be so described in the appropriate
register.

(2) Where a minor registered owner of any land ceases to be a
minor, he may apply, in such manner as may be prescribed, to have
the description "minor" in the appropriate register cancelled.

(3) A minor may, for all or any of the purposes of this Act, be
represented by such person as may be prescribed or by such person
as the court may appoint.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 61
Persons of unsound mind and persons of weak mind.

61.(1) In the case of a person of unsound mind, whether so found
by inquisition or not so found, the Committee of his estate may
represent him for all or any of the purposes of this Act or, if
such a Committee has not been appointed, a guardian appointed by
the court may so represent him.

(2) In the case of a person of weak mind who is temporarily
incapable of managing his affairs, the guardian appointed under the
Lunacy Regulation (Ireland) Act 1871 may represent him for all or
any of the purposes of this Act or, if such a guardian has not
been appointed, a guardian appointed by the court may so represent
him.

Description of registered land by maps.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 62

62.(1) There shall be kept in the central office Ordnance Survey
maps for Northern Ireland upon such scales as may be prescribed.

(2) There shall be maintained in the central office a series of
maps (each of which is in this Act referred to as "the registry
map"), based on such Ordnance Survey maps, on which shall be marked
or defined in such manner as may be prescribed the land the title
to which has been registered under this Act.

(3) In every case of the first registration of any land, the
registry map shall be based on the latest available Ordnance Survey
map.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 63
Verbal descriptions of registered land.

63.(1) Registered land shall be described in the appropriate register

(a)by the names of the denominations on the Ordnance Survey map in
which the land is included; or

(b)in such manner as the Registrar may consider best calculated to
secure accuracy.

(2) The Registrar may, in his discretion, omit, or with the consent
of the registered owner delete, from the description, in any
register, of any registered land the area of that land.

(3) There shall be entered on each register in respect of any
registered land included in that register a reference to the
registry map relating to the land.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 64
Effect of description of registered land.

64.(1) Except as provided by this Act, the description of any land
in any register shall not be conclusive as to the boundaries or
extent of the land.

(2) The Registrar may at any time, on the application of the
registered owners of adjoining registered lands or of the registered
owner of any registered land and of the owner of any adjoining
unregistered land, and on the prescribed conditions being complied
with, settle and enter on the appropriate register as conclusive the
boundaries between those lands or any parts thereof, with such
alterations, if any, as may from time to time be agreed upon.

(3) For the purposes of subsection (2), an entry in a register
made pursuant to an application under that subsection shall be
conclusive only as between the parties to the application and their
respective successors in title, and shall not operate to confirm the
title to the lands the boundaries whereof are settled.

(4) On the transfer of part of any registered land, the Registrar,
on the prescribed conditions being complied with, may enter on the
appropriate register as conclusive the boundaries between the part
transferred and the part not transferred.

(5) If, on the transfer of any registered land, any question arises
as to the boundaries or extent of the land, the Registrar shall,
on the application of the transferor or of the transferee, have
jurisdiction to decide the question as between them, and, for that
purpose, the Registrar may, if he thinks fit, adopt the decision of
any person agreed on by them or appointed by him.

Cautions against first registration.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 65

65.(1) Any person claiming

(a)such an interest in unregistered land as entitles him to object
to a dealing therewith being made without his consent; or

(b)to be an incumbrancer on unregistered land;

(i)if he claims otherwise than under a document registered in the
registry of deeds; or

(ii)if he claims under a document registered in the registry of
deeds but satisfies the Registrar that such registration does not
adequately protect that person's interest;

(2) Upon the lodgment of a caution under subsection (1), an
application for first registration shall not be determined until
notice has been served on the cautioner to appear and oppose, if
he thinks fit, the registration, and

(a)such time as may be prescribed has elapsed since the date of
the service of the notice; or

(b)the cautioner has entered an appearance;

(3) If any person lodges a caution under this section without
reasonable cause, he shall be liable to make compensation,
recoverable as a simple contract debt, to any person damaged
thereby.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 66
Cautions against registered dispositions, etc.

66.(1) Any person interested in any registered land may, on
producing an affidavit in such form as may be prescribed specifying
his estate in the land, lodge a caution with the Registrar to the
effect that no dealing with the land on the part of the registered
owner should be registered until notice has been served on the
cautioner.

(2) Upon the lodgment of a caution under subsection (1), the
Registrar shall not, without the consent of the cautioner, register
any dealing on the part of the registered owner of the estate
until the Registrar has served notice on the cautioner warning him
that his caution will lapse after the expiration of such time as
may be prescribed.

(3) After the expiration of that time, the caution shall lapse
unless an order to the contrary is made by the Registrar, and, on
the caution so lapsing, the dealing may be registered as if the
caution had not been lodged.

(4) If, before the expiration of that time, the cautioner, or some
other person on his behalf, appears and gives, if so required by
the Registrar, sufficient security to indemnify every person against
any damage that may be sustained by reason of the dealing being
delayed, the Registrar may delay registering any dealing for such
further period as he thinks just.

(5) If any person lodges a caution under this section without
reasonable cause, he shall be liable to make compensation,
recoverable as a simple contract debt, to any person damaged
thereby.

(6) In the case of a caution lodged under this section by a
Government department or by a public or local body, the Registrar
may accept a certificate, in such form as may be prescribed,
instead of an affidavit.

(7) Land Registry Rules may provide for the application of the
provisions of this section, subject to such modifications as may be
prescribed, to cautions against reclassification of any registered
land.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 67
Inhibitions of registered dealings.

67.(1) The Registrar or the court may

(a)on the application of any person interested in any registered
land; and

(b)after receiving the consent of the persons concerned or after
directing such inquiries, if any, to be made and such notices to
be given, and upon hearing such persons, as he or, as the case
may be, the court may think fit;

(i)for a specified time; or

(ii)until the occurrence of an event to be named; or

(iii)except with the consent of, or after notice to, some specified
person; or

(iv)generally until further entry or, as the case may be, further
order;

(2) The Registrar or the court may

(a)annex to any such entry such terms and conditions as he or, as
the case may be, the court may think fit;

(b)discharge any such order or cancel any such entry;

(c)generally exercise such powers as he or, as the case may be,
the court may think fit;

(3) Nothing in this section shall authorise any restrictions to be
imposed on the powers under the Settled Land Acts of a tenant for
life or a person having the powers of a tenant for life.

(4) Any entry made pursuant to this section may be withdrawn or
modified at the request or with the agreement of all the persons
for the time being appearing from the register to be interested
therein, or of such other persons as may be prescribed.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 68
Inhibitions in consequence of discovery of error.

68.(1) Whenever it appears to the Registrar that any error which
may be capable of rectification has been made in registration, he
may in his discretion, enter on the appropriate register such
inhibition against such dealings with the land affected by such
error as he may think fit for the purpose of protecting the
Insurance Fund against any claim for compensation in respect of any
loss occasioned by any registration made after such error is
discovered and before it is rectified and of giving notice to all
persons who may thereafter be affected thereby.

(2) An inhibition entered on any register pursuant to this section
shall not

(a)affect any registration which is actually pending in the central
office; or

(b)prevent the completion of any such registration.

(3) Whenever the Registrar enters an inhibition on any register
pursuant to this section, he shall send notice of such inhibition,
and short particulars of the error because of which it was entered,
to

(a)all persons who appear from that register to be affected by such
error; and

(b)such other persons, if any, as he may think proper.

Rectification of errors.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 69

69.(1) Subject to subsection (3), where any error (whether of
misstatement, misdescription, omission or otherwise) occurs in any
register, the court, upon such application and in such manner as
may be prescribed by rules of the appropriate court and after such
notices, if any, as it may direct, may order such error to be
rectified upon such terms as to costs or otherwise as it may think
fit.

(2) The Registrar may, after making such enquiries, if any, as he
may consider necessary

(a)order the rectification of a register in any case

(i)where any incorrect entry in, or omission from, the register
occurs, whether in consequence of an error in the Land Registry or
in any document presented to the Land Registry in connection with
any registration; and

(ii)except where the error or omission is of a formal nature, all
persons interested consent to the rectification; and

(b)make that order subject to such terms as to costs as the
persons interested may, in writing, agree.

(3) A register shall not be rectified under subsection (1) so as
to affect the title of a registered owner, unless such rectification
can be made without loss or damage to any person claiming for
valuable consideration and in good faith through such registered
owner and unless

(a)the registered owner or, as the case may be, a person claiming
as aforesaid through the registered owner or anyone acting on behalf
of either has, by his act, neglect or default, been in any way
responsible for, or has contributed to, the error; or

(b)in the case of an error made before such registered owner was
so registered, he was, in fact, aware of such error at the time
of his registration as owner; or

(c)in the case of an error made after such registered owner was so
registered, he or a solicitor acting on his behalf became aware of
such error at a time when such error was capable of being
rectified without causing loss or damage to any person except the
expense of such rectification; or

(d)the immediate disposition to such registered owner, or the
disposition to any person through whom he claims otherwise than for
valuable consideration, was void; or

(e)such registered owner acquired the land otherwise than for
valuable consideration and rectification of the error could have been
made against the person through whom he claims if such person had
been the registered owner; or

(f)such registered owner consents to rectification;

(i)limit the power of the court to rectify a register only where
the registered owner of the land is in possession thereof; and

(ii)not limit the power of the court to rectify a register in any
particular case if the court is satisfied that it would be unjust
not to rectify the register against the registered owner.

(4) The provisions of subsections (1) and (3) shall extend, with
any necessary modifications, to the rectification of a register by
order of a court of competent jurisdiction, exercising any
jurisdiction based on the ground of fraud or mistake, in like
manner as those subsections apply to the rectification of errors by
order of the court.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 70
The Insurance Fund.

70.(1) The Insurance Fund established by section 92 of the Act of
1891 shall be deemed to have been established by this section and
shall continue in force subject to the provisions of this Act.

(2) There shall be paid into the Insurance Fund such proportion, if
any, of the fees taken under this Act as the Ministry may direct.

(3) The Insurance Fund shall be operated, and the funds therein
vested, in such manner as the Ministry may direct.

(4) If the Insurance Fund is at any time insufficient to pay any
compensation which is, by this Act, required to be paid out of
that Fund, such deficiency shall be defrayed by the Ministry.

(5) Any sums defrayed by the Ministry pursuant to subsection (4)
shall, as soon as practicable, be repaid, in such manner as the
Ministry may direct, out of any moneys subsequently standing to the
credit of the Insurance Fund.

(6) The accounts of the Insurance Fund shall be kept and audited
by such persons and in such manner as the Ministry may direct.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 71
Claims for compensation.

71.(1) Claims for compensation for any loss arising from any matter
specified in paragraph 1(1) of Schedule 9 may be made in accordance
with the provisions of that Schedule.

(2) Where any such claim for compensation is allowed, it shall,
subject to section 70(4), be paid out of the Insurance Fund.

(3) Where any compensation is paid out of the Insurance Fund or
defrayed by the Ministry under section 70(4), the Ministry shall
have the same right to recover the amount so paid from any person
who caused, or derived advantage from, the loss as the person who
suffered the loss would have had if the loss had been an injury
to him caused by the first-mentioned person.

(4) Any moneys recoverable by the Ministry under subsection (3)

(a)shall be recoverable as a debt due to the Ministry and may,
without prejudice to the right of the Ministry to sue in the High
Court or to any other remedy for the recovery thereof, and
irrespective of the amount thereof, be recoverable by the Ministry
by civil bill in a county court; or

(b)if not so recovered, may be recovered by deduction from any sum
payable out of moneys provided by Parliament by any Ministry of
Northern Ireland to the person from whom the amount is due, and
that sum shall be abated accordingly.

Exemption from registration in the registry of deeds.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 72

72.(1) The registration under this Act of the ownership of any
estate in land shall, on and after the date of registration, exempt
that estate, and, if a person is registered as limited owner
thereof, any estate expectant on the determination of his ownership,
from the provisions of the Registration of Deeds Acts, and, subject
to subsection (2), a document relating to any such estate and
executed or coming into operation after that date shall not, unless
it also relates to unregistered land, be registrable in the registry
of deeds.

(2) The registration under this Act of the ownership of any estate
in land shall not have the effect of exempting from registration in
the registry of deeds any document relating to the title to any
other estate in the land (other than a deed creating such estate),
unless the title to such other estate is otherwise required to be
registered or is registered under this Act.

(3) Where any freehold or leasehold estate is first registered under
this Act, a notice of the registration, in such form as may be
prescribed, shall be given to the Registrar of Deeds, who shall
forthwith register the same, without the payment of any fee for so
doing, and file it as a memorial.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 73
Exemption from registration in registry of deeds of documents
relating to burdens registered under this Act.

73. Registration of a burden under this Act shall have the same
effect as, and make unnecessary, registration in the registry of
deeds in pursuance of any other statutory provision (including a
local or private Act) of any document relating to such burden.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 74
Execution of documents containing reservations.

74.(1) In any document executed on or after the commencement of
this Act and relating exclusively to registered land, a reservation
of an estate shall operate at law without

(a)any execution of the document by the grantee of the estate out
of which the reservation is made; or

(b)any regrant by such grantee of the estate so reserved;

(2) For the purposes of subsection (1), a conveyance of an estate
expressed to be made subject to another estate, not in existence
immediately before the date of the conveyance, shall operate as a
reservation, unless a contrary intention appears.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 75
Avoidance of stipulations in documents precluding registration of
title.

75. Any stipulation in any document relating to any estate in land
capable of registration under this Act whereby any person is
precluded from making an application to register his title to that
estate shall be void.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 76
Avoidance of certain stipulations in contracts for transfer of, or
charge on, registered land.

76. Any stipulation in a contract for the transfer or charge of
any registered land whereby any party to the contract is precluded
from making requisitions as to burdens generally, or as to any
particular Schedule 5 burden, which may affect the land shall be
void.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 77
Facilities for registration of Crown Land.

77.(1) With respect to any land vested in Her Majesty, either in
right of the Crown or otherwise, or vested in any public officer
or body in trust for the public service, the public officer or
body having the management thereof, if any, or, if none, then such
person as Her Majesty may, by writing under the sign manual,
appoint, may represent the owner of the land for all the purposes
of this Act and may be registered with such special description of
the nature of the ownership as may be prescribed.

(2) The public officer or body referred to in subsection (1), or
the person appointed under that subsection, shall be entitled

(a)to receive such notices;

(b)to make and enter any such application or caution; and

(c)to do all such other acts;

(3) For the purpose of any law or custom relating to Her Majesty
in right of the Crown, the registration of land in any register
under this Act shall be deemed to be a matter of record, and
shall have the same effect as, and shall render unnecessary, the
registration of that land in a court of record or in any office
of the High Court.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 78
Foreshore and seabed.

78. If it appears to the Registrar that any land, application for
the first registration of the ownership whereof is made to him,
comprises foreshore or seabed, or both, he shall not make such
registration unless and until he is satisfied that at least one
month's notice in writing of the application has been given to the
Crown Estate Commissioners.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 79
Land certificates and certificates of charge.

79.(1) Land Registry Rules shall provide for the preparation and
issue of certificates of title in relation to the ownership of
registered land, and such certificates of title shall be called

(a)where the title is title to land other than a charge, a land
certificate;

(b)where the title is title to a charge, a certificate of charge.

(2) Land Registry Rules may provide generally for matters relating
to land certificates and certificates of charge and, in particular,
may

(a)provide for the custody of such certificates;

(b)provide for the compulsory production to the Registrar of such
certificates;

(c)specify the evidential value, in any court, of the contents of
any such certificate;

(d)specify the circumstances in which dealings may, and those in
which dealings shall not, be entered or noted on any register
without the production of such a certificate;

(e)provide for the endorsement or rectification of such certificates;

(f)specify the circumstances in which a new certificate may be
issued in replacement of a certificate which has already been
issued, and provide for the issue of such new certificates.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 80
Special provisions relating to certain vesting orders and fiats.

80. The provisions of Schedule 10 shall apply with respect to
vesting orders and fiats mentioned in paragraph 1 of that Schedule.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 81
Searches.

81.(1) Every register shall be kept open for public inspection
during the hours for which the Land Registry remains open for the
transaction of public business and, subject to Land Registry Rules,
any person may search therein, and shall be entitled, on making
application to the Registrar in such form as may be prescribed, to
receive copies of, or extracts from, so much of the appropriate
register as relates to the land specified in such application.

(2) Land Registry Rules may provide for applications to the
Registrar for official searches in any register, for the carrying
out of such searches, for the issuing of certificates of the result
of such searches and for matters connected therewith.

(3) Where the Registrar is satisfied that the person to whom a
certificate of the result of an official search is issued has
entered into a contract to purchase, or take a lease of, or lend
money on the security of a charge on, the land to which the
certificate relates, the Registrar shall, at the request of that
person, make an entry in the appropriate register in such manner as
may be prescribed.

(4) In any case referred to in subsection (3), an application for
registration of the document to complete the contract shall, if the
application is in order and is delivered at the central office
within a period of fourteen days after the date of issue of the
certificate (or within such shorter period as may be prescribed),
rank in priority before any other application for registration made
in respect of the land within that period.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 82
Penalties for fraud.

82.(1) Any person who

(a)in the course of any proceedings before the Registrar or the
court in pursuance of this Act, with intent to conceal the title
or claim of any person, or to substantiate a false claim,
suppresses, attempts to suppress or is privy to the suppression of
any document or fact; or

(b)fraudulently procures, attempts to procure fraudulently or is privy
to the fraudulent procurement of any entry, erasure or alteration in
any register;

(2) A proceeding or conviction for any offence under subsection (1)
shall not affect any remedy to which any person aggrieved by the
offence may be entitled.

(3) Nothing in this Act shall entitle any person to refuse to make
a complete discovery in any legal proceeding, or to answer any
question or interrogatory in any civil proceeding, but such a
discovery or answer shall not be admissible in evidence against that
person, or the husband or wife of that person, in any criminal
proceeding under this Act.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 83
Effect of fraudulent dispositions and fraudulent acts.

83.(1) Subject to the provisions of this Act with respect to
compensation and to registered dispositions for valuable consideration,
any dealing with any registered land which, if unregistered, would
be fraudulent and void shall, notwithstanding registration, be
fraudulent and void in like manner.

(2) If any person

(a)fraudulently procures; or

(b)is privy to the fraudulent procurement of;

Fees.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 84

84.(1) The Ministry may, by order made after consultation with the
Rules Committee established by section 85 and subject to affirmative
resolution, prescribe the fees to be taken in the Land Registry for
the purposes of this Act, and the manner in which such fees may
be paid, and shall ensure, so far as is practicable, that those
fees shall be such as to produce an annual amount sufficient

(a)to pay all salaries, remuneration and other expenses payable
under, and incidental to the working of, this Act; and

(b)to make such payments, if any, as the Ministry may consider
proper to be made to the Insurance Fund.

(2) Any provision in, or prescribed under, this Act requiring or
authorising anything to be done, or any certificate or other
document to be issued by, the Registrar, or in or from the Land
Registry, shall be construed as requiring or authorising the same on
payment of such fees as may be prescribed by order under subsection
(1).

(3) Nothing in this Act shall make it obligatory for any act to
be done in the Land Registry, or for that Registry to permit any
act to be done in that Registry, in respect of which a fee is
payable, except on payment of that fee or on arrangements being
made, in accordance with an order under subsection (1), for the
payment of that fee.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 85
Rules.

85.(1) There shall be established a rules committee (to be called
the "Land Registry Rules Committee") which shall, subject to the
provisions of this section, be responsible for advising and assisting
the Minister in connection with his functions under this section.

(2) The Land Registry Rules Committee shall consist of

(a)a Judge of the Supreme Court, nominated by the Lord Chief
Justice, who shall be Chairman of the Committee;

(b)a barrister nominated by the General Council of the Bar of
Northern Ireland;

(c)two solicitors nominated by the Incorporated Law Society of
Northern Ireland; and

(d)the Registrar.

(3) The Minister, with the advice and assistance of the Land
Registry Rules Committee, may make rules providing for the practice
and procedure to be followed in the Land Registry and generally for
giving effect to this Act and, in particular, may make rules with
respect to all or any of the following matters

(a)anything which under this Act may or is to be prescribed;

(b)the conduct of transfers and the publication of information
relating to transfers;

(c)the making, keeping and indexing of the registers;

(d)the authentication and preservation of documents relating to title
and generally for the custody of documents received in the Land
Registry and for providing copies of, or extracts from, such
documents;

(e)the precautions to be taken, the notices to be given and the
evidence to be adduced in all proceedings in connection with
registration, and the persons to whom, and the circumstances under
which, reference is to be made in respect of the examination of
any title to land proposed to be registered;

(f)the furnishing of addresses by persons whose names are entered on
any register;

(g)the registration of title on the exchange of holdings;

(h)the registration, by way of a note on the appropriate register,
of any easement or right created by a document which appears to
affect adversely the land, and so far as practicable by reference
to the document creating the same;

(i)consequential matters in relation to the creation and effect of
any additional burden prescribed by virtue of entry 16 in Part I
of Schedule 6;

(j)the form in which, and conditions under which, entries in the
registers are to be made and may be modified or cancelled, the
order in which entries relating to the same land are to be made
and the correction of clerical errors in the registers or in any
document connected with registration;

(k)the form and contents of documents required or authorised to be
used or given under or for the purposes of this Act;

<[(l)the costs to be charged by, or allowed to, solicitors or other persons in relation to this Act in respect of contentious business (within the meaning of the Solicitors (Northern Ireland) Order 1976), the persons by and to whom such costs are to be paid and the taxation of such costs by the taxing master of the Supreme Court or other taxing officer;

<(m)the award by the Registrar of costs in respect of any proceedings on a hearing before him, and the measurement of such costs by the Registrar, with the consent of all the parties concerned and having regard to the provisions of any order made by the Non-contentious Costs Committee under Article 64 of the Solicitors (Northern Ireland) Order 1976, or the taxation of such costs by the taxing master of the Supreme Court or other taxing officer;

(n)requiring security for the costs of any appeal under this Act;

(o)adapting this Act to the registration of ownerships under the
Small Dwellings Acquisition Acts (Northern Ireland) 1899 to 1948, and
providing for the easy transfer of such ownerships;

(p)prescribing the particulars to be furnished on, and the mode of,
registration of any statutory charge.

(4) Rules made under subsection (3) shall be subject to negative
resolution.

The Statutory Charges Register.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 86

86.(1) For the purposes of this Part, there shall continue to be
maintained at the central office a register (which shall be called
"the Statutory Charges Register"), and the Registrar shall, upon
application being made to him in such manner as may be prescribed,
register thereon all matters which under this Part or any subsequent
statutory provision are required to be so registered.

(2) The Statutory Charges Register shall be in such form as may be
prescribed and shall, for the purpose of enabling a person to trace
any entry in that Register, have an index which may be in the
form of a map or maps, or in such other form as may be
prescribed, and different forms of indices may be prescribed in
respect of registered and unregistered land and in respect of land
in different areas.

(3) The Statutory Charges Register shall be kept open for public
inspection during the hours for which the Land Registry remains open
for the transaction of public business and, subject to Land Registry
Rules, any person may search therein or in any index thereto kept
in pursuance of this Part, and shall be entitled, on making
application to the Registrar in such form as may be prescribed, to
receive copies of, or extracts from, so much of the Statutory
Charges Register as relates to the land specified in such
application.

(4) Land Registry Rules may provide for applications to the
Registrar for official searches in the Statutory Charges Register or
in any index thereto kept pursuant to this Part, for the carrying
out of such searches, for the issuing of certificates of the result
of such searches and for matters connected therewith.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 87
Matters registrable in the Statutory Charges Register.

87.(1) Subject to the provisions of this Part, the matters specified
in Schedule 11 (in this Act referred to as "statutory charges")
affecting unregistered as well as registered land in Northern Ireland
shall be registered in the Statutory Charges Register.

(2) For the purposes of this section, any sum which is recoverable
by a local authority (whether in the right of the authority or on
behalf of any other person) under any of the statutory provisions
mentioned in Schedule 11 from successive owners or occupiers of the
property in respect of which the sum is recoverable shall, whether
such sum is expressed to be a charge on the property or not, be
deemed to be a statutory charge.

(3) Nothing in this Part shall operate to impose any obligation to
register in the Statutory Charges Register any statutory charge,
created or arising before, on or after the 23rd January 1951, which
is a registered burden.

(4) Nothing in this Part shall operate to discharge any liability
in respect of any statutory charge which is not for the time being
required to be registered.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 88
Provisions as to registration and priority.

88.(1) Notwithstanding anything to the contrary contained in any
statutory provision in force on the 1st April 1951, a statutory
charge shall be void as against a purchaser of any estate in the
land to which the charge relates unless

(a)where the land is registered land, the statutory charge is
registered pursuant to this Part before the purchaser is registered
pursuant to any provision of this Act other than this Part as
owner of the estate purchased; or

(b)where the land is unregistered land, the statutory charge is
registered pursuant to this Part before the registration in the
registry of deeds of the document whereby the estate purchased is
assured to the purchaser; or

(c)a notice (in this Act referred to as a "priority notice") in
respect of the statutory charge is registered under section 89
either before the purchaser is registered pursuant to any provision
of this Act other than this Part as owner of the estate purchased
or (as the case may be) before the registration in the registry of
deeds of the document whereby the estate purchased is assured to
the purchaser; or

(d)the statutory charge is created or arises after the purchaser has
entered into an enforceable contract for the purchase and the
purchaser has received actual notice of the statutory charge either
before he is registered pursuant to any provision of this Act other
than this Part as owner of the estate purchased or (as the case
may be) before the registration in the registry of deeds of the
document whereby the estate purchased is assured to him.

(2) For the purposes of subsection (1), "purchaser" means any person
who has entered into an enforceable contract to acquire for money
or money's worth any estate in the land to which the statutory
charge relates or who, after the creation of the statutory charge,
has acquired for money or money's worth any such estate.

(3) Save as is provided by subsection (1), a statutory charge
shall, on registration pursuant to this Part as affecting any land,
bind that land to the same extent as such land would have been
bound had this Part not been enacted.

(4) Subject to subsections (3) and (5), where a statutory charge is
at any time registered pursuant to this Part in the Statutory
Charges Register as affecting any registered land, such statutory
charge shall be deemed to have been registered at that time as a
Schedule 6 burden in the folio or folios in which the title to
the land is registered.

(5) Where, by virtue of subsection (4), any statutory charge is
deemed to have been registered as a Schedule 6 burden in the folio
at the same time as any other estate is registered in that folio,
such statutory charge and such estate shall, subject to subsection
(3), be deemed to be so registered in the order in which they
were created.

(6) Subject to subsections (3) and (7), where a statutory charge is
at any time registered pursuant to this Part as affecting any
unregistered land, such statutory charge shall be deemed to have
been created by a document bearing the date of the creation of the
charge and registered in the registry of deeds, pursuant to the
Registration of Deeds Acts, at the time of the registration of the
statutory charge, as a document affecting the land.

(7) Where, by virtue of subsection (6), any document is deemed to
have been registered in the registry of deeds at the same time as
any other document affecting the land is registered there, such
documents shall, subject to subsection (3), be deemed to be so
registered in order of date.

(8) Registration in the Statutory Charges Register shall not render
a statutory charge valid if it is not otherwise so nor render any
land subject to any statutory charge to which, if this Part had
not been enacted, the land would not be subject.

(9) Where

(a)any matter required by section 87, or by any subsequent statutory
provision, to be registered in the Statutory Charges Register is, by
virtue of subsection (1), void as against any purchaser; and

(b)any such matter involves the prohibition of any act or omission
which would terminate or restrict or otherwise prejudice any right
exercisable by that purchaser in relation to the land of which he
is the purchaser;

Priority notices.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 89

89.(1) Any person intending to make an application for the
registration of any contemplated statutory charge pursuant to this
Part or to any of the Land Registry Rules may, before the creation
of the statutory charge, give to the Registrar a priority notice in
such form as may be prescribed, and such priority notice shall be
entered in the Statutory Charges Register.

(2) Where, within three months after a priority notice has been
given as mentioned in subsection (1), an application for registration
is made which refers to that priority notice, the registration shall
be deemed to have been made when the charge was created, and the
provisions of section 88 shall have effect accordingly.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 90
Use of registers existing on 2nd April 1951.

90. Where a statutory charge created or arising before the 2nd
April 1951 has been registered in any register or other record kept
by a government department or local authority which

(a)existed on that date;

(b)contains accurate particulars of the statutory charge and such
description of the land to which the statutory charge relates as
will enable such land to be readily identified; and

(c)is open to public inspection;

Cancellation and modification of statutory charges.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 91

91.(1) Where any registered statutory charge has

(a)been discharged or become unenforceable; or

(b)otherwise ceased to affect any land; or

(c)been declared invalid by any court of competent jurisdiction;

(2) On receipt of an application under subsection (1), the Registrar
shall cancel the registration of the statutory charge by deleting or
removing any entry relating thereto from the Statutory Charges
Register and from any index to that Register.

(3) Without prejudice to subsections (1) and (2), the Registrar may,
where he decides (whether on the application of any person
interested in any land to which a registered statutory charge
relates or otherwise) that the statutory charge

(a)is invalid; or

(b)does not affect the land; or

(c)has been discharged or become unenforceable; or

(d)has otherwise ceased to affect the land;

(4) Where a registered statutory charge for a specified sum has
been discharged in part by payment of a portion of that sum, it
shall be the duty of the authority or person receiving such payment
to notify the Registrar, and the Registrar shall note such part
payment in the entry in the Statutory Charges Register relating to
the statutory charge.

(5) The Registrar may also make such other modifications of any
entry in the Statutory Charges Register as he may, from time to
time, decide to be necessary.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 92
Application of certain other provisions of the Act to statutory
charges.

92.(1) Land Registry Rules may, in relation to the Statutory Charges
Register and the registration of any statutory charge, apply, with
such modifications as may be specified therein, any of the following
provisions of this Act, namely

(a)Part I;

(b)sections 8, 62, 63, 70, 71, 82 and 83;

(c)Schedules 1 and 9.

(2) The provisions of sections 6 and 7 shall apply to any decision
of the Registrar made under section 91.

(3) Except as provided by this section, the provisions of this Act,
other than of sections 84 to 99 and of Schedules 12 to 14, shall
not apply in relation to the Statutory Charges Register or to the
registration of any statutory charge.

(4) References in this Act, and in any statutory provision amended
by this Act, to this Part include references to Schedule 11.

Financial provisions.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 93

93.(1) Subject to subsection (2), such salaries and remuneration of
officials and other staff appointed to the Land Registry, and such
other expenses incurred by, through or on behalf of the Land
Registry in the operation of this Act, as the Ministry may, approve
may be defrayed out of moneys provided by Parliament.

(2) Any moneys defrayable by the Ministry under section 70(4) shall
be charged on and paid out of the Consolidated Fund.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 94
Interpretation.

94. In this Act

"the Act of 1891" means the Local Registration of Title (Ireland)
Act 1891;

"certificate of charge" has the meaning assigned to it by section
79(1);

"compulsory registration area" means any area declared to be such by
the Ministry by an order under section 25;

"Conveyancing Acts" means the Conveyancing Acts 1881 to 1911;

"the court" has the meaning assigned to it by section 4;

"estate", without prejudice to section 45(2) of the Interpretation
Act (Northern Ireland) 1954, includes a charge;

"full owner" has the meanings assigned to it by section 12(a) and
(c);

"judgment" includes judgment, decree, order and dismiss;

"land", without prejudice to section 45(1) of the Interpretation Act
(Northern Ireland) 1954, includes a charge;

"land certificate" has the meaning assigned to it by section 79(1);

"Land Purchase Acts" includes the Irish Church Act 1869;

"the Land Registry" has the meaning assigned to it by section 1(1);

"Land Registry Rules" means rules made under section 85(3);

"lease" means any contract of tenancy and includes an agreement for
a lease;

"leasehold estate" means an estate in land under a lease, not being
a term for securing money, with or without a covenant for renewal,
and includes an estate held at a rent under a lease for a life
or lives, or determinable on a life or lives, and, where a lease
in possession and a reversionary lease to take effect in possession
upon the expiry of the lease in possession are so held that the
estate under both leases belongs to the same person otherwise than
in different capacities, such leases, so far as they relate to land
comprised in both leases, shall for the purposes of this Act be
treated as creating one continuous term in possession;

"limited owner", in relation to registered land, means a person
registrable under section 12(b) or (d) as a limited owner and a
person described in the register, pursuant to section 60(1), as a
minor owner;

["local authority" means a district council;]

"local registrar" has the meaning assigned to it by section 1(5);

"the Ministry" has the meaning assigned to it by section 25;

"mortgage" has the same meaning as in the Conveyancing Acts;

"pending action" means any action or proceeding, pending in the
Supreme Court or in a county court, relating to any registered
land;

"personal representatives" means the executors or executor, original
or by representation, or the administrators or administrator for the
time being of a deceased person;

"possession" includes the receipt of the rents and profits or the
right to receive the same, if any;

"prescribed" means prescribed by Land Registry Rules;

"priority notice" has the meaning assigned to it by section
88(1)(c);

"public or local body" includes any authority or body specified in
paragraph 1 of Schedule 1 to the Government Loans Act (Northern
Ireland) 1957 as an authority or body to whom government loans may
be made by the Ministry under section 2 of that Act;

"register" means a register maintained pursuant to section 10 and
includes the registry maps;

"the register of freeholders" has the meaning assigned to it by
section 10(a);

"the register of leaseholders" has the meaning assigned to it by
section 10(a);

"the register of subsidiary interests" has the meaning assigned to
it by section 10(b);

"registered burden" means a Schedule 6 burden which has been
registered or deemed to have been registered in the appropriate
register;

"registered charge" means a charge which has been registered or
deemed to have been registered in the appropriate register;

"registered statutory charge" means a statutory charge which is
registered pursuant to Part X in the Statutory Charges Register;

"the Registrar" has the meaning assigned to it by section 1(4);

"the registry map" has the meaning assigned to it by section 62(2);

"Schedule 5 burden" means a burden specified in Part I of Schedule
5;

"Schedule 6 burden" means a burden specified in Part I of Schedule
6;

"Settled Land Acts" means the Settled Land Acts 1882 to 1890;

"settlement", "settled land", "tenant for life" and "trustees of the
settlement" have respectively the same meanings as in the Settled
Land Acts;

"statutory charge" has the meaning assigned to it by section 87(1);

"statutory provision" has the same meaning as in section 1(f) of
the Interpretation Act (Northern Ireland) 1954;

"words of limitation" includes any words which operate as words of
limitation.

S.95, with Schedule 12, effects amendments

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 96
Transitional provisions and savings.

96. The transitional and saving provisions specified in Schedule 13
shall have effect for the purposes of this Act.

S.97, with Schedule 14, effects repeals

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 98
Application to the Crown.

98. Subject to the provisions of this Act, this Act shall be
binding on the Crown to the full extent authorised or permitted by
the constitutional laws of Northern Ireland.

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 99
Citation and commencement.

99.(1) This Act may be cited as the Land Registration Act (Northern
Ireland) 1970.

(2) So much of Schedule 10 as relates to vesting orders shall be
included among the Acts which may be cited as the Land Purchase
Acts.

(3) Commencement

4. The Ministry may, after consultation with the Lord Chief Justice,
appoint such number of persons, who are either barristers or
solicitors, to be assistant registrars as it considers is necessary
for the service of the central office.

5. The Ministry may appoint such other officers and persons as, in
the opinion of the Ministry, are necessary for the service of the
central office.

6. Each assistant registrar appointed under paragraph 4 and each
officer and other person appointed under paragraph 5 shall exercise,
in accordance with this Act and with Land Registry Rules, such of
the functions of the Registrar as may be assigned to him by the
Registrar, and shall be responsible to the Registrar for the
exercise of the functions so assigned.

7. Subject to any general or special directions of the Ministry of
Home Affairs, each local registrar may be assisted in the
performance of his functions as such by such officers and other
persons in the county court service, and to such extent, as the
local registrar may direct.

8. All or any of the functions conferred on a local registrar as
such under this Act may be exercised by such of the other officers
or persons referred to in paragraph 7 as the Ministry may direct.

9. In the case of the absence of the Registrar from the central
office, the senior assistant registrar present at that time in the
central office may act as Registrar and exercise all the functions
conferred on the Registrar by or under this Act.

10. In the case of the absence of a local registrar from his
local office, the person exercising at that time the functions of
the [chief clerk] may act as the local registrar and exercise all
the functions conferred on a local registrar under this Act.

11. The central office and each local office shall have a separate
official seal.

12. Judicial notice shall be taken by all courts of the official
seals of the central office and of each local office; and any
document purporting to be sealed with any such seal shall be
admissible in evidence; and, if the document is a copy of another
document, the copy shall be admissible in like manner as the
original.

1. Freehold land which has been at any time sold and conveyed to
or vested in, or deemed to have been vested in, any person under
the Land Purchase Acts and was, on or after the 1st January 1892,
subject to an annuity or rent-charge for the repayment of an
advance made under any of those Acts on account of purchase money.

2. Any freehold or leasehold estate, where the estate (not being an
estate capable of being registered only in the register of
subsidiary interests and not being a mortgage) is acquired in
respect of land situate in a compulsory registration area(b)in the
case of a leasehold estate(ii)on the assignment on sale of such an
estate, where the residue of the term granted exceeds, at the date
of assignment, twenty-one years.

3. Without prejudice to entry 2, land (other than a mortgage) which
is compulsorily acquired by a Government department or by a public
or local body after the commencement of this Act and the ownership
of which is registrable in the register of freeholders or the
register of leaseholders.

4. A lease referred to in paragraph (a) or (b) of entry 6 in
Part I of Schedule 6, where such lease is made after the
commencement of this Act and after the first registration of the
land out of which the lease is granted.

(a)entry as a Schedule 6 burden on the appropriate register of the
lease; and5. A perpetual rent-charge or a fee farm rent issuing
immediately out of land and created by a grant made after the
commencement of this Act and after the first registration of that
land.

(a)entry as a Schedule 6 burden on the appropriate register of the
rent-charge or rent; and6. A fishing or sporting right created by
express grant or reservation after the commencement of this Act and
after the first registration of the land out of which the right is
granted or reserved, where the right is held in gross and is of
freehold tenure, or of leasehold tenure when the term granted
exceeds twenty-one years.

(a)entry as a Schedule 6 burden on the appropriate register, in
such manner as may be prescribed, of the right; and7. Any estate
in land required by any other statutory provision to be registered
in the Land Registry.

Notwithstanding the period of three months referred to in column 2
in respect of entries 2, 4, 5 and 6, the Registrar may, on the
application of any person interested in any particular case to which
that period applies and in which the Registrar is satisfied that
the application for registration

(a)cannot be made within that period, or can only be made within
that period by incurring unreasonable expense; or

(b)has not been made within that period by reason of some accident
or other sufficient cause;

In Part I

"assignment on sale" means an assurance on sale by virtue whereof
there is conferred or completed a title under which an application
for registration as owner of a leasehold estate may be made, and
includes an assignment by way of exchange where money is paid for
equality of exchange, but does not include an assignment or
surrender of a lease to the owner of the immediate reversion
containing a declaration that the term is to merge in such
reversion;

"conveyance", in entry 1 therein, does not include a conveyance
conveying an estate expectant on a freehold estate, whether the
estate so expectant is in reversion or remainder, or a conveyance
by way of mortgage or transferring a mortgage;

"conveyance on sale" means an assurance made on sale by virtue
whereof there is conferred or completed a title under which an
application for registration as owner of a freehold estate may be
made and includes a conveyance by way of exchange where money is
paid for equality of exchange.

1. Subject to paragraph 4, where the title to any registered land
is deemed, by virtue of paragraph 2 of Part I of Schedule 13, to
be a possessory title, the Registrar may, on the application, in
accordance with Land Registry Rules, of the registered owner of the
land, reclassify the title as absolute.

2. Subject to paragraph 4, where a person is registered or deemed
to be registered (otherwise than by virtue of paragraph 2 of Part
I of Schedule 13) with a possessory title to any estate in
registered land and an application is made for registration of a
transfer of that estate for valuable consideration, the Registrar may

(a)on the application of the registered owner or of the transferee;

(b)if satisfied that fifteen years have elapsed since the first
registration of the estate and the registered owner was, immediately
prior to the transfer, in possession of the estate; and

(c)after giving such notices as may be prescribed;

(i)in the case of a freehold estate, with an absolute title or, if
the circumstances of the case so require, with a good fee farm
grant title; or

(ii)in the case of a leasehold estate, with a good leasehold title.

3. Subject to paragraphs 4 and 5, where any person is registered
with a title to any estate in registered land other than an
absolute title, the Registrar may

(a)on his own initiative or on the application, in such manner as
may be prescribed, of the registered owner of the estate or of
some other person claiming to be entitled thereto; and

(b)after due examination of the title;

(i)if the existing registration is with a good fee farm grant title
or a good leasehold title, with an absolute title; or

(ii)if the existing registration is with a possessory title or a
qualified title, with an absolute title, a good fee farm grant
title or a good leasehold title, as the case may require.

4. If any claim adverse to the title of the registered owner is
made, the Registrar shall not reclassify the title under this
Schedule until such claim has been disposed of.

5. In any case to which paragraph 3 applies, an applicant for
re-classification shall produce such evidence of title as the
Registrar may require, and the Registrar shall not reclassify the
title until

(a)that evidence of title has been furnished to him; and

(b)such notices, if any, as may be prescribed, or as he may
require to be given, have been given.

1.(1) Without prejudice to the rights of the owner of any
registered burden, on the death of a registered full owner of any
land, not being a joint tenant whose interest ceased at death, the
personal representatives of the deceased owner shall alone be
recognised by the Registrar as having any right to deal with the
estate of the deceased owner in the land, and any dispositions by
them shall have the same effect as if they were the registered
owners.

[(2) Where the personal representative, or one of the personal
representatives, of the deceased owner is a trust corporation within
the meaning of Article 9 of the Administration of Estates (Northern
Ireland) Order 1979, any officer authorised for the purpose by the
corporation, or by its directors or governing body, may, on behalf
of the corporation, swear affidavits and do any act or thing which
may be required, by reason of the corporation's appointment as a
personal representative, for the purpose of any application, dealing
or proceeding under this Act or under Land Registry Rules, and the
acts of an officer so authorised shall be binding on the
corporation.]

2. Nothing in this Act or in any other statutory provision shall
require the Registrar to register as owner a person in his capacity
as a personal representative.

3. The Registrar may enter on the appropriate register a note of
the fact of the death of a registered owner, stating the
particulars of representation.

4. The production of an assent or transfer in the prescribed form
from the personal representatives shall authorise the Registrar to
register the person named in such assent or transfer as full owner
or limited owner of the land, as the case may be.

5. On an application to the court under subsection (3) of section
34 of the Administration of Estates Act (Northern Ireland) 1955 in
respect of registered land, the court may, notwithstanding anything
in that subsection

(a)order that the applicant be registered as owner of the land;

(b)dispense with notice to the personal representatives when it is
satisfied that

(i)at least six years have elapsed since the death of the deceased;
and

(ii)the personal representatives are dead or out of the jurisdiction.

6. On the determination of the estate of a limited owner of
registered land, the Registrar shall, on application in such manner
as may be prescribed, register as owner the person entitled to be
registered as such.

7. Paragraphs 1 to 6 shall, in relation to transmissions on death,
apply in the case of persons dying after the commencement of this
Act.

8. Subject to paragraph 9, the provisions of the law in force
immediately before the commencement of this Act shall apply in the
case of persons dying before that date as if this Act had not
been passed.

9. Nothing in paragraph 8 shall prevent

(a)the replacement (with or without amendment), by Land Registry
Rules, of orders and rules under the Act of 1891 relating to the
practice and procedure applicable in the case of persons dying
before the commencement of this Act; or

(b)the fixing, by order under section 84, of fees in respect of
such practice and procedure.

1. ... Crown rents.

2. Quit rents, tithe rent-charges and payments in lieu of tithe or
tithe rent-charges created before the commencement of this Act.

3. Annuities or rent-charges for the repayment of advances made
under any of the Land Purchase Acts on account of purchase money.

4. Annuities charged under section 27 of the Landlord and Tenant
(Ireland) Act 1870, where such charge has been created before the
commencement of this Act.

5. Any statutory provision by which the alienation, assignment,
sub-division or sub-letting of any land is prohibited or in any way
restricted.

6. In the case of a registered leasehold estate, all express and
implied covenants, conditions and liabilities incident to the lease
under which the estate is held.

7. Rights of the public or of any class of the public.

8. Customary rights, franchises and liabilities arising from tenure.

9. Easements and profits a0 prendre, unless they are created by
express grant or reservation after the first registration of the
land, not being a grant or reservation required to be registered in
the Statutory Charges Register.

10. Any rights to or in relation to mines and minerals or
petroleum vested in the Ministry of Commerce by virtue of any
statutory provision.

11. Where a person is registered as owner of any land in the
register of freeholders or the register of leaseholders but the
registration does not extend to all mineral rights in that land,
all such powers of working, wayleaves or rights of way and rights
of water and drainage, and other powers, easements, rights and
privileges for, or incident to or connected with, mining purposes,
as are for the time being subsisting over the land and are not
created by express grant or reservation after the first registration
of the land.

12. Any lease where the term granted does not exceed twenty-one
years (or, in the case of leases granted before the commencement of
this Act, thirty-one years) and where there is an occupation under
any such lease.

13. In the case of any land in respect of which the owner is
registered with a title other than an absolute title, all rights
excepted from the effect of first registration.

14. Subject to the provisions of this Act, all rights acquired, or
in the course of being acquired, consequent on the Statute of
Limitations (Northern Ireland) 1958.

15. The right of every person in actual occupation of the land or
in receipt of the rents and profits thereof, save where

(a)upon inquiry made of such person, the right is not disclosed; or

(b)the right is a Schedule 6 burden.

1. Where it is proved to the satisfaction of the Registrar that
any land registered or about to be registered is exempt from, or
has ceased to be subject to, any burden specified in Part I, he
may enter notice of the fact on the appropriate register.

2. The Registrar shall note on the appropriate register, in such
manner as may be prescribed, the prohibitive or restrictive
provisions of any statutory provision to which entry 5 in Part I
applies.

1. Any charge on the land created after the first registration of
the land.

2. Any rent-charge or perpetual rent (not being a rent-charge or
rent which, by virtue of entry 2 or 3 in Part I of Schedule 5,
affects registered land without registration) issuing out of the
land, whether created before or after the first registration of the
land.

3. Any power to charge the land with the payment of money, whether
created or arising before or after the first registration of the
land.

4. Any trust for securing money on the land created or arising
before or after the first registration of the land.

5. Any lien on the land for unpaid purchase money, whether existing
before or after the first registration of the land.

6. Any lease of the land where the term granted

(a)is for a life or lives or is determinable on a life or lives;
or

(b)exceeds twenty-one years, or, in the case of a lease granted
before the commencement of this Act, thirty-one years; or

(c)is for twenty-one years or less (or, in the case of a lease
granted before the commencement of this Act, thirty-one years or
less), but there is not any occupation under the lease;

7. Any judgment, or any enforcement order within the meaning of
[the Judgments Enforcement (Northern Ireland) Order 1981] (other than
an order charging land), affecting the land, whether given or made
before or after the first registration of the land.

8. Any pending action relating to the land, whether existing before
or after the first registration of the land.

9. Any charge relating to the land imposed under [Article 46 of
the said Order of 1981] (whether before or after the first
registration of the land) and adversely affecting any estate in the
land of the registered owner thereof.

10. Any notice under [Article 48 of the said Order of 1981]
relating to a charge imposed under [Article 46 of that Order] in
respect of the land and adversely affecting any estate in the land
of some person other than the registered owner thereof.

11. Any easement or profit a0 prendre affecting the land created by
express grant or reservation after the first registration of the
land.

12. Any covenant or condition relating to the use or enjoyment of
the land, whether created before or after the first registration of
the land, not being a covenant or condition referred to in entry 6
in Part I of Schedule 5.

13. Any estate in dower affecting the land arising before the 1st
January 1956, whether existing before or after the first registration
of the land.

14. Any right referred to in section 47(a) or (b).

15. Any incumbrance on the land (not being a burden referred to in
entries 1 to 14 and not being a Schedule 5 burden or a statutory
charge) existing at the time of first registration.

16. Any other matter affecting the land which may be prescribed
pursuant to Land Registry Rules.

1. The ownership of Schedule 6 burdens may, and shall if so
required by section 41 or Schedule 2, be registered in accordance
with Land Registry Rules.

2. Subject to paragraphs 3 and 4, a Schedule 6 burden shall be
entered as a burden on the appropriate register on the application
of the registered owner of the land or of any other person
entitled to or interested in the burden, and, for the purposes of
this Part, an application by any person for the first registration
of any land shall be treated as if it were also an application by
that person as registered owner of that land for the registration
of every Schedule 6 burden affecting that land.

3. Subject to paragraph 4, if an application is made for the
registration of a Schedule 6 burden without the request or
concurrence of the registered owner of the land affected or to be
affected thereby or such other concurrence as may be prescribed, the
burden shall not be registered except by order of the court.

4. Paragraph 3 shall not apply

(a)in the case of a burden referred to in entry 7, 8, 9 or 10
in Part I; or

(b)where the effect of that paragraph is excluded by virtue of any
other statutory provision.

5. Where any rent is entered on a register as a Schedule 6 burden
and it appears to the Registrar that there is an indemnity by way
of covenant or charge in respect of all or any part of such rent,
the Registrar may, if he thinks fit, enter a note of such
indemnity on that register.

6. The registration of a pending action shall cease to have effect
at the expiration of five years from the date of registration, but
may be renewed from time to time, and, if renewed, shall have
effect for five years from the date of renewal.

[7. Notwithstanding anything in paragraph 3 above, the registering
authority may, upon the application of the Board of Inland Revenue
and without the concurrence of the registered owner or an order of
the court, register an Inland Revenue charge (within the meaning of
Part III of the Finance Act 1975) as a Schedule 6 burden affecting
the land or any interest therein subject to that charge.]

1. Subject to paragraphs 2 and 3, every deed of charge by a
registered owner shall be in the prescribed form or in such other
form, not being a purported conveyance or demise (whether or not
subject to defeasance) of a freehold or leasehold estate by way of
mortgage, as shall sufficiently charge the land and as shall not be
calculated to mislead.

2. The registered land comprised in a charge created by deed after
the commencement of this Act shall be described by reference to the
appropriate register or in any other manner sufficient to enable the
Registrar to identify the same.

3. A deed of charge shall not refer to any other burden affecting
the land which would have priority over the charge unless such
burden is

(a)entered or deemed to be entered on the appropriate register; or

(b)a Schedule 5 burden.

4. When it is expressed in a deed of charge that any person
covenants for payment of the principal sum charged, there shall,
unless provision to the contrary is contained in the deed of
charge, be implied a covenant by that person with the registered
owner for the time being of the charge

(a)to pay the principal sum charged and interest, if any, at the
time and rate specified in the deed of charge; and

(b)if the principal sum, or any part thereof, is unpaid at the
time so specified, to pay interest half-yearly at the rate so
specified on so much of the principal sum as for the time being
remains unpaid.

5.(1) On registration of an owner of a charge on registered land
for the payment of any principal sum of money, with or without
interest, the owner of the charge shall have all the rights and
powers of a mortgagee under a mortgage by deed within the meaning
of the Conveyancing Acts, including the power to sell the estate
which is subject to the charge, and any deed creating such a
charge shall be liable to stamp duty as if it were such a
mortgage.

(2) The registered owner of a charge may apply to the court for
the possession of the registered land, the subject of the charge,
or any part of that land, and

(a)on such application, the court may, subject to sub-paragraph (3),
order the possession of the land, or that part thereof, to be
delivered to him; and

(b)upon so obtaining possession of the land or, as the case may
be, that part thereof, he shall be deemed to be a mortgagee in
possession.

(3) The power conferred on the court by sub-paragraph (2) shall not
be exercised

(a)except when payment of the principal sum of money secured by the
deed of charge has become due and the court thinks it proper to
exercise the power; or

(b)unless the court is satisfied that, although payment of the
principal sum has not become due, there are urgent and special
reasons for exercising the power.

6. If the registered owner of a charge on land sells the land in
pursuance of any of his powers, his transferee shall be registered
as owner of the land, and thereupon the registration shall have the
same effect as registration of a transfer for valuable consideration
by a registered owner.

7. When a purchaser from the registered owner of a charge is
registered, under paragraph 6, as owner of the land, the charge and
all estates inferior thereto shall, subject to paragraph 8, be
discharged.

8. Nothing in paragraph 7 shall operate so as to discharge any
entry made or deemed to have been made in any register relating to
a right of turbary conferred or defined by regulations under section
4 of the Turbary (Ireland) Act 1891, or under section 21 of the
Irish Land Act 1903, as extended by section 26 of the Northern
Ireland Land Act 1925 (which relate to turbary).

9. On registration of the owner of a charge by way of annuity,
the owner of the charge shall have such remedies for recovering and
compelling payment of the annuity as are mentioned in section 44 of
the Conveyancing Act 1881, as modified by section 6 of the
Conveyancing Act 1911.

A registered limited owner of registered land may, in conjunction
with all other persons entitled under the settlement (if such owner
and all such other persons are of full age and capacity) charge
that land with the payment of money in like manner as if such
owner and such other persons were registered as full owners of the
land.

1.(1) Notwithstanding anything to the contrary contained in this Act
or in any other statutory provision, a charge purporting to have
been registered in the Land Registry at the 28th July 1957 shall,
subject to paragraphs 2 and 3, not be void by reason only

(a)that it was expressed to have been created by way of mortgage;
or

(b)that the consent of the Ministry was not obtained to a demise
or sub-demise expressed to have been created by any such mortgage;

(2) In this paragraph, "mortgage" includes both a mortgage by demise
or sub-demise and a mortgage by conveyance or assignment with a
proviso for redemption.

2. Except as provided by paragraph 3, paragraph 1 shall not affect
any order or judgment made or given before the 29th July 1957 in
legal proceedings begun before the 18th June 1957, or any appeal or
other proceedings consequent on any such order or judgment.

3. Paragraph 2

(a)shall not apply to any order or judgment specified in that
paragraph to the extent that any such order or judgment was set
aside by any court pursuant to section 2(3) of the Land Registry
Charges Act (Northern Ireland) 1957; and

(b)shall apply to any further order made by any court pursuant to
the said section 2(3).

1. The Registrar may register in respect of any settled land

(a)the owner of the particular estate in such land, as limited
owner thereof; or

(b)any trustees in whom that land is vested, as full owners
thereof.

2. Where a person is registered as limited owner under a
settlement, the names of the trustees of the settlement, if any,
shall be entered in a separate column of the appropriate register.

3. The registration of a person as limited owner of settled land
in pursuance of this Act shall not

(a)confer on the person so registered, as against any person
claiming under the settlement, any greater powers of dealing with
the land than those of a tenant for life under the Settled Land
Acts;

(b)confer on the assignee, trustee in bankruptcy, devisee or personal
representatives of the limited owner any greater estate than he
would otherwise have;

(c)take away from any trustee under the settlement any powers of
dealing with the land which he would otherwise have.

4.(1) Where a person is, by operation of law or otherwise, assignee
of a person registered as limited owner of any land, the name of
the assignee shall, on his application, be entered on the register
with the addition of the word "assignee", or of such other words
as may be prescribed.

(2) In default of an entry made pursuant to sub-paragraph (1), the
registration of the limited owner shall continue to have effect as
if there had been no assignment.

5. Where a new trustee of a settlement to which paragraph 2
relates is appointed, the Registrar shall, on application and on
production of the prescribed evidence, enter his name accordingly.

6. The provisions of this Act with respect to the registration of
limited owners shall not apply in the case of settled land within
the meaning of section 63 of the Settled Land Act 1882 unless the
settlement confers on the limited owner the powers conferred by the
Settled Land Act 1882 on a tenant for life, or an order made
under the Settled Land Act 1884 is in force at the time of the
application for registration.

7. Where an order referred to in paragraph 6 is made with respect
to registered land, it shall be to the effect that the person who
is to exercise the powers of a tenant for life of the land in
pursuance of that section shall be registered as limited owner of
the land subject to such inhibitions, if any, as may be considered
expedient, and it shall not be necessary to register the order as
a pending action.

8. A person shall not be affected by notice of the trusts of any
settlement by reason of any person being registered as limited owner
under the settlement or by reason of any reference to the
settlement being entered on the register.

1. Where the Registrar decides that any registered land would, had
it been unregistered land, have become vested in certain persons as
trustees in pursuance of the Trustee Appointment Act 1850 or the
Trustee Appointment Act 1890, he shall register such trustees as
owners of that registered land in the appropriate register without
requiring a document of transfer in accordance with section 34.

2. Where any registered land becomes vested by an order under
section 12 of the Charities Act (Northern Ireland) 1964 in any
person, the Registrar shall, upon production of a copy of that
order, register that person in the appropriate register as owner of
that land.

1.(1) Subject to paragraphs 2, 3, 4, and 5, compensation shall be
payable to any person who has sustained any loss by reason of

(a)the rectification of a register pursuant to section 69; or

(b)an error in, or omission from, a register which is not rectified
pursuant to section 69; or

(c)an error in a certificate issued as a result of an official
search made pursuant to Land Registry Rules; or

(d)a copying error made in a certified copy of, or a certified
extract from, a register or document, where the copy or extract is
provided in accordance with Land Registry Rules.

(2) A person deriving title from a person to whom compensation is
payable under sub-paragraph (1) shall be entitled to such
compensation in the place of the person from whom he so derived
title.

2. Subject to paragraphs 3, 4 and 5, the owner of any land
claiming in good faith under a forged disposition shall, where a
register is rectified, be deemed, for the purposes of paragraph
1(1)(a), to have suffered loss by reason of such rectification.

3. Compensation shall not be payable

(a)where the claimant has himself or by his agent caused or
substantially contributed to the loss by his act, neglect or default
or derives title (otherwise than under a registered disposition for
valuable consideration) from a person committing such an act, neglect
or default; or

(b)by reason of a purchaser acquiring any interest under a
registered disposition from a body corporate referred to in section
58 free from any such incumbrances as are mentioned in that section
which are not registered or protected as required by that section.

4.(1) Subject to sub-paragraph (2), a claim for compensation shall
not be entertained after the expiration of six years from the time
when the right to compensation accrued unless

(a)on the expiration of that period, the claimant was under any
legal disability; and

(b)the claim is made within two years from the termination of the
disability.

(2) For the purposes of sub-paragraph (1), a right to compensation
shall be deemed to accrue

(a)in regard to any estate in possession, on the date of the
registration which occasioned the loss in respect of which
compensation is claimed or, if the loss arises from an omission, at
the time when the omission happened;

(b)in regard to any estate in remainder or reversion, on the date
when such estate would, but for such registration or omission, have
fallen into possession;

(c)in regard to an error in a certificate referred to in paragraph
1(1)(c), or in a certified copy or extract referred to in paragraph
1(1)(d), on the date of the certificate or, as the case may be,
of the certificate on the copy or extract.

5. In any case of the rectification, pursuant to section 69, of an
error, the costs reasonably incurred by the claimant in obtaining
the rectification shall be deemed to be a loss to which this
Schedule applies.

6. When compensation is payable under this Schedule, the amount
thereof (excluding costs) shall not exceed

(a)where a register is not rectified, the value of the land at the
time when the error was made or, as the case may be, the omission
happened;

(b)where a register is rectified, the value (if there had been no
rectification) of the land immediately prior to such rectification.

7. Except for the purposes of paragraph 6, compensation payable
under this Schedule shall include any reasonable costs properly
incurred by the claimant in establishing his claim.

8. Where compensation is paid in respect of settled land, and not
in respect of any particular estate, remainder or reversion therein,
the compensation shall be paid to the trustees of the settlement
and held by them as capital money for the purposes of the Settled
Land Acts.

9. Every claim for compensation under this Schedule shall be made
to the Registrar in such manner as may be prescribed.

10. Notice of every claim for compensation under this Schedule shall
be served on the Ministry and on such other persons as may be
prescribed.

11. The Ministry shall be the respondent to every claim for
compensation made under this Schedule.

12. The Registrar shall, subject to paragraph 13 and to such
provisions as may be prescribed, hear and determine all claims for
compensation under this Schedule.

13. The Registrar may, and shall if so required by the claimant or
by the Ministry, refer the claim for decision by the High Court.

1. This Schedule applies to

(a)any vesting order made in the exercise of powers conferred by
section 8 of the Purchase of Land (Ireland) Act 1885 as amended or
extended by any other statutory provision; and

(b)any fiat which, if it had been given immediately after the
signing of the agreement for purchase to which it relates, would,
under any provision of the Land Purchase Acts, have had effect as
if it were a vesting order so made;

2. A vesting order shall not be void by reason of the death
before the making thereof of the person in whom any land comprised
therein is purported to be vested, but shall be effectual to vest,
and shall be deemed always to have vested, that land in the
personal representatives (when raised) of such person to such uses
and upon such trusts as that land would have stood limited had it
been vested in such person immediately prior to his death.

3. Any entry shown on any register as the first registration of
any land shall not be invalid by reason that the person thereby
shown to be registered as owner was then dead and, accordingly

(a)the land shall be deemed to be registered land as from the
making of that entry; and

(b)any person who proves to the satisfaction of the Registrar that
he is entitled to the land may be registered as owner thereof.

4. Subject to paragraph 5, where an error is found to have been
made in a vesting order, or in any map of land vested by a
vesting order, and such error either

(a)has, on first registration, been incorporated in any entry in any
register; or

(b)has been discovered before first registration has been completed;

5. Notwithstanding anything contained in section 69(2), where the
error in a vesting order consists only of a misdescription of the
person in whom land was vested by the order, the Registrar may, on
the application of the registered owner, or of any person applying
to be registered as owner, of the land and upon proof of such
misdescription, treat the vesting order as if it had correctly
described the person in whom land was vested by the order and may
note the correct description of that person on any entry in the
appropriate register relating to any land vested by the vesting
order.

6. Nothing in paragraphs 4 and 5 shall confer upon any person a
right to make any claim against the Insurance Fund which he would
not have been entitled to make if those paragraphs had not been
enacted.

1. Any charge acquired before, on or after the 2nd April 1951 by
a local authority under

(a)the Towns Improvement (Ireland) Act 1854 or the Acts incorporated
therewith; or

(b)the Public Health Acts (Northern Ireland) 1878 to 1967; or

(c)section 31 of the Planning and Housing Act (Northern Ireland)
1931; or

(d)any other statutory provision, being a charge which takes effect
by virtue of that provision; and

2. Any prohibition of or restriction on the user or mode of user
of land imposed on or after the 2nd April 1951 by a local
authority by order, instrument or resolution or enforceable by virtue
of any conditions attached to any consent, approval or licence
granted by a local authority on or after that date, pursuant to
any statutory provision, being a prohibition or restriction binding
on successive owners of land and not being a prohibition or
restriction operating over the whole of the district of the
authority or over the whole of any contributory place thereof.

3. Any regulations made by the Ministry of Agriculture under section
21 of the Irish Land Act 1903 or section 26 of the Northern
Ireland Land Act 1925 with respect to rights of turbary or of
access over any land for the purposes of turbary.

Para.4 rep. by 1971 c.17 (NI) s.30 sch.4

5. Any clearance order made under section 23 of the Planning and
Housing Act (Northern Ireland) 1931.

6. Any notice served under section 29 of the said Act of 1931.

7. Any statutory conditions attached by virtue of section 2 of the
Housing and Local Government (Miscellaneous Provisions) Act (Northern
Ireland) 1946 to any house provided or purported to have been
provided in pursuance of a scheme approved by a local authority
under section 1 of that Act.

8. Any statutory conditions attached by virtue of section 7 of the
Housing (No.2) Act (Northern Ireland) 1946 to any house in respect
of which a grant has been paid under that Act.

9. Any conditions applied to a cottage by virtue of regulations
under section 10 of the Hill Farming Act 1946.

10. Any notice served under section 19 of the Roads Act (Northern
Ireland) 1948 by any road authority within the meaning of that Act.

11. Any improvement notice for the time being in force under Part
II of the Agriculture Act (Northern Ireland) 1949.

Para.12 rep. by 1972 c.3 (NI) s.19 sch.3

13. Any resolution passed under section 8 of the Housing
(Miscellaneous Provisions) and Rent Restriction Law (Amendment) Act
(Northern Ireland) 1956 declaring an area to be a proposed
redevelopment area.

Para.14 rep. by 1971 c.16 (NI) s.54 sch.7

15. Any wayleave order made under section 14 of the Land Powers
(Defence) Act 1958 and any restrictions imposed by section 16(1) of
that Act.

16. Any notice under section 1 of the Rights of Light Act
(Northern Ireland) 1961.

17. Any order under section 19 of the Housing Act (Northern
Ireland) 1963.

18. Any of the following matters under the Private Streets Act
(Northern Ireland) 1964

(a)notices served under section 11;

(b)notices served under section 14(4);

(c)demands served under section 15(1);

(d)charges created under section 15(10);

(e)undertakings given under section 24(1) and undertakings given under
section 24(2);

(f)agreements entered into under section 32.

[18A. Any of the following matters under the Private Streets
(Northern Ireland) Order 1979

(a)notices served under Article 11;

(b)notices served under Article 14(5);

(c)demands served under Article 15(1);

(d)charges created under Article 15(10)

(e)undertakings given under Article 24(1) or (2);

(f)agreements entered into under Article 32.]

19. Any agreement or covenant under section 2(1), or any waiver
under section 2(3), [or an agreement or waiver under section 2A,]
of the Amenity Lands Act (Northern Ireland) 1965.

20. Any condition attached by virtue of subsection (1) of section
24 of the Land Development Values (Compensation) Act (Northern
Ireland) 1965 to any relevant land within the meaning of that
section and any notice served on any person in relation to that
land under that subsection.

21. Any condition applied to a unit of land under Schedule 3 to
the Agriculture Act 1967.

[22. Any of the following matters under the Historic Monuments Act
(Northern Ireland) 1971

(a)notices served under section 7(2);

(b)protection orders;

(c)guardianship orders.]

[23. Any resolution passed under section 23 of the Housing Act
(Northern Ireland) 1971 declaring an area to be a general
improvement area and any resolution passed under section 25(1)(a) or
(2) in relation to such an area.]

[24. A grant or agreement referred to in section 16(6) of the
Civil Aviation Act 1971.]

[25. Any order under section 4(1) of the Aerodromes Act (Northern
Ireland) 1971.]

[26. Any Part I or Part II conditions, within the meaning of the
Housing on Farms Act (Northern Ireland) 1972, attached to any
premises by virtue of that Act.]

[27. Any entry in a list compiled under Article 31 of the Planning
(Northern Ireland) Order 1972.]

[28. Tree preservation orders made under the Planning (Northern
Ireland) Order 1972.

[29. Enforcement notices within the meaning of the Planning (Northern
Ireland) Order 1972 which take effect in relation to any land.

[30. Listed building enforcement notices within the meaning of the
Planning (Northern Ireland) Order 1972 which take effect in relation
to any building.]

[31. Particulars specified in Article 11(4) of the Land Acquisition
and Compensation (Northern Ireland) Order 1973.]

[32. Any agreement under Article 26 of the Land Acquisition and
Compensation (Northern Ireland) Order 1973.]

[33. Any resolution passed under Article 32 of the Housing (Northern
Ireland) Order 1976 declaring an area to be a housing action area.]

[34. Any statutory conditions attached, by virtue of an order made
under Article 56 of the Housing (Northern Ireland) Order 1976, to
any dwellings in respect of which a grant has been paid under Part
VI of that Order.]

[35. An Order under Article 39(2)(a) of the Matrimonial Causes
(Northern Ireland) Order 1978 to the extent that by virtue of
Article 39(3)(b) of that Order it renders liable to be set aside
at the instance of an applicant for financial relief a disposition
of any land in Northern Ireland which is specified in the order.]

[36. An order under Article 18(2)(i) of the Domestic Proceedings
(Northern Ireland) Order 1980, or such an order made as an interim
exclusion order by virtue of Article 21 of that Order, to the
extent that by virtue of paragraph 1(b) of Part II of Schedule 1
to that Order, or by virtue of that provision as applied by Part
III of that Schedule, it renders liable to be set aside at the
instance of the applicant for the order a disposition of any land
in Northern Ireland which is specified in the order.]

[37. Any of the following matters under the Housing (Northern
Ireland) Order 1981

(a)any clearance order made under Article 33;

(b)any notice served under Article 35;

(c)any charge created under Article 42;

(d)any declaration made under Article 47 declaring an area to be a
proposed re-development area;

(e)any declaration made under Article 52 declaring an area to be a
housing action area, any extension of the duration of a housing
action area under Article 53(2) and any amendment of such a
declaration under Article 54;

(f)any statutory conditions attached by virtue of an order made
under Article 81;

(g)any direction made under Article 104;

(h)the statutory condition attaching by virtue of Article 123 to
land held by a registered housing association and to grant-aided
land, as, defined in Schedule 9, held by an unregistered housing
association.]

Schedule 12Amendments

1. Where, immediately before the commencement of this Act, the owner
of any land was registered with a qualified or a possessory title,
such owner shall be deemed to be registered with a qualified or,
as the case may be, a possessory title within the meaning of this
Act.

2. Where, immediately before the commencement of this Act, the
registration of the ownership of a freehold estate was noted as
being subject to any rights or equities pursuant to section 29(3)
of the Act of 1891, the title to the estate shall be deemed to
be a possessory title within the meaning of this Act.

3. Where, immediately before the commencement of this Act, the
registration of ownership of a freehold estate was not noted as
being subject to any rights or equities, the title to the estate
shall, subject to paragraph 1, be deemed to be an absolute title
within the meaning of this Act.

4. Where, immediately before the commencement of this Act, there was
entered, in relation to the registration of the ownership of a
leasehold estate, a note to the effect that the title of the
lessor had been examined and found to be good and valid, the title
shall be deemed to be an absolute title within the meaning of this
Act.

5. Where, immediately before the commencement of this Act, the
registration of ownership of a leasehold estate contained no such
note as is referred to in paragraph 4, the title shall, subject to
paragraph 1, be deemed to be a good leasehold title within the
meaning of this Act.

6. Where, immediately before the commencement of this Act,
registration of the ownership of any land was entered in the
register of proprietors maintained under the Small Dwellings
Acquisition Acts (Northern Ireland) 1899 to 1948, such registration
shall, subject to Land Registry Rules, be deemed to have been made
in the register of freeholders or in the register of leaseholders,
as the circumstances of the case may require.

7. Where, immediately before the commencement of this Act, the title
to any land was registered in a local office, such registration
shall, subject as may be prescribed, be transferred to the central
office, and, for the purpose of this paragraph, a duplicate folio
of any land so registered maintained in the central office shall be
deemed to be the original folio.

8. Every amendment to Schedule 11 to this Act shall, so long as
section 2 of the Statutory Charges Register Act (Northern Ireland)
1951 remains unrepealed in part, be deemed to constitute an
amendment to that section so far as it is so unrepealed.

9. References in any statutory provision to the Act of 1891 shall
be construed as references to this Act, and references in any
statutory provision to any provision in the Act of 1891 shall be
construed as references to the provision as re-enacted (with or
without modification) in this Act.

10. References in any statutory provision to a registering authority
under the Act of 1891 shall be construed as references to the
Registrar within the meaning of this Act.

11. The Ministry may, subject to any rules made under the Public
Records Act (Northern Ireland) 1923, direct that all or any of the
books, documents and papers formerly in the possession of the Record
of Title Office, or of any person by reason of his employment in
or in aid of that Office, and directed by order of the Land Judge
pursuant to section 18(4) of the Act of 1891 to be transferred to
the Land Registry, be removed to the Public Records Office of
Northern Ireland, and any books, documents or papers directed to be
so removed shall be dealt with in accordance with the said Act of
1923 and with any rules made thereunder.

1. Nothing in this Act (except the provisions relating to statutory
charges) shall affect any statutory provision by which the
alienation, assignment, sub-division or sub-letting of any land is
prohibited or in any way restricted.

2. Nothing in this Act shall affect the provisions of sections 28
and 29 of the Interpretation Act (Northern Ireland) 1954 (effect of
repeals and of substituting provisions).

Schedule 14Repeals


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