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LEASEHOLD (ENLARGEMENT AND EXTENSION) ACT (NORTHERN IRELAND) 1971 - SECT 3

Notice requiring information.

3.(1) Where, in relation to land the fee simple in which is proposed to be
acquired by a person under this Act, a notice under section 2 is served, the
person by whom it is served and every person upon whom it is served shall take
every necessary step which is within his power to take to effect a conveyance
free from incumbrances of the fee simple and any intermediate estates in the
land to the person proposing to acquire the fee simple.

(2) In subsection (1) and section 14 "incumbrances" does not include a
mortgage of the estate of the person proposing to acquire the fee simple, and,
upon conveyance of the fee simple in land to a person who is acquiring the
fee simple therein under this Act the fee simple estate shall be a graft for
all purposes on the leasehold estate of the person so acquiring the fee simple
and his estate in fee simple shall be subject to any rights or equities
arising from the fee simple being such a graft, and, in particular, any
undischarged mortgage of that leasehold estate shall attach to, and be
enforceable against, the fee simple so acquired.

(3) Where by reason of subsection (2) the fee simple in land is subject to a
mortgage, and at the time of the execution of the conveyance of the fee simple
the mortgagee is by reason of the mortgage entitled to possession of the
documents of title relating to the land, then he shall be similarly entitled
to possession of the documents of title relating to the fee simple and the
grantee of the fee simple shall within six weeks of the execution of the
conveyance of the fee simple deliver it to him, and the mortgage shall apply
in the event of the grantee failing unreasonably to deliver the conveyance in
accordance with this subsection as if the obligation to do so were included in
the terms of the mortgage as set out in that instrument.

© 1971 Crown Copyright

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