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REGISTRATION OF DEEDS ACT (NORTHERN IRELAND) 1970 - SECT 3

Pending actions relating to land.

3.(1) A pending action shall not bind or affect a purchaser of any
unregistered land, which is the subject of the pending action, who has not
actual knowledge of that action, unless and until the pending action has been
registered in the registry of deeds in accordance with the succeeding
provisions of this section.

(2) A pending action may be registered by the lodgment in the registry of
deeds of two copies of a document, stating such matters as may be prescribed,
one of which copies shall be certified by the court before whom the action is
pending.

(3) The certified copy of the document referred to in subsection (2) shall,
for the purposes of the Registration of Deeds Acts, be treated as the document
to be registered and the other copy thereof shall, subject to section 12 and
to any regulations made thereunder, be treated for those purposes as the
memorial of that document.

(4) The registration of a pending action may be vacated by the lodgment in the
registry of deeds of a certificate of the appropriate court stating such
matters as may be prescribed.

(5) A pending action validly registered or re-registered in the judgments
registry or in the registry of deeds under any statutory provision (within the
meaning of section 1(f) of the Interpretation Act (Northern Ireland) 1954)
immediately before the coming into force of this section shall be deemed to
have been validly registered in accordance with this section with effect from
the date on which it was so registered or re-registered, as the case may be.

(6) Without prejudice to subsection (4), 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) In this section

"pending action" means any action or proceeding pending in the [High Court or
the Court of Appeal] or in a county court relating to any unregistered land;

"purchaser" means

(a)any person (including a mortgagee or lessee) who, for valuable
consideration, takes any estate in any unregistered land; and

(b)the agent, within the meaning of section 4(4), of any such person.

Subs.(8)(9) rep. by 1981 NI 6 art.147(3) sch.4


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© 1970 Crown Copyright

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