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Northern Ireland Orders in Council |
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You are here: BAILII >> Databases >> Northern Ireland Orders in Council >> The Property (Northern Ireland) Order 1997 (N.I. 8) URL: http://www.bailii.org/nie/legis/num_orders/1997/19971179(e).html |
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Enforcement of charge on estate of co-owner 48. The owner of a charge (including a charge under Article 46 of the Judgments Enforcement (Northern Ireland) Order 1981) on land in co-ownership (that is to say, held jointly or in undivided shares) may make a request under the Partition Act 1868 and the Partition Act 1876 (in this Article and Article 49 "the Partition Acts") for an order for partition, or for sale and distribution in lieu of partition, and shall be treated as a party interested for the purposes of those Acts. Power of court under Partition Acts 49. Without prejudice to Article 309 of the Insolvency (Northern Ireland) Order 1989, where on the request under the Partition Acts of a party interested (or a person treated as such under Article 48) a court makes an order for partition or sale, the court, on making the order or at any time before its enforcement, may also -
(b) impose such conditions,
as, in the circumstances of the case, it thinks fit; and it may revoke or vary any such stay, suspension or conditions. Amendment of Act of 1971 as to National Trust 51. - (1) For section 27 of the Act of 1971 (saving for National Trust) there shall be substituted -
27. This Act shall not apply to any land an estate in which is vested inalienably in the National Trust for Places of Historic Interest or Natural Beauty under section 21 of the National Trust Act 1907.".
(2) The amendment of the Act of 1971 made by paragraph (1) does not affect the power under that Act to extend the term of a lease granted -
(b) on or after the appointed day in pursuance of an obligation assumed before that day.
Compensation for compulsory acquisition: land subject to tenancy
(3) For paragraph (3) (interpretation) substitute -
(b) the reference in paragraph (2)(d) to land being subject to a tenancy on the date on which the vesting order is made includes a reference to land which would have been subject to a tenancy on that date if the tenant had not given up occupation of a dwelling as mentioned in Article 30(3) of the 1973 Order (deemed displacement in consequence of compulsory acquisition of interest in dwelling where, in certain circumstances, person displaced gives up occupation by arrangement); and (c) "the 1973 Order" in paragraph (2)(d) and this paragraph means the Land Acquisition and Compensation (Northern Ireland) Order 1973.".
Amendments and repeals |
| © Crown copyright 1997 | Prepared
30 June 1997
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