BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!

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

	[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Statutes of Northern Ireland
You are here: BAILII >> Databases >> Statutes of Northern Ireland >> URL: http://www.bailii.org/nie/legis/num_act/lrai1970351.txt

Statutes of Northern Ireland