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LEASEHOLD (ENLARGEMENT AND EXTENSION) ACT (NORTHERN IRELAND) 1971 - SECT 5

1961 c.15

5.(1) Where a person who is required by this Act to convey or join in the
conveyance of the fee simple in land is, by reason of having a fiduciary
capacity or a limited estate or by reason of restrictive covenants in the
lease under which he holds, incapable in law of conveying or joining in, (as
the case may be) the conveyance of the fee simple, the Lands Tribunal may, on
the application of any person concerned, empower the person so required to
convey or join in conveying (as the case may be) the fee simple.

(2) Where a person who is required by this Act to convey or join in conveying
the fee simple in land is a minor or is unknown or unascertained or refuses or
fails to execute such conveyance, the Lands Tribunal may, on the application
of any person concerned, appoint an officer of the Tribunal to execute such
conveyance for and in the name of the person so required and thereupon the
execution of such conveyance by such officer for and in the name of such
person shall for all purposes be as effectual as the execution thereof by such
person and as if, where such person is under any disability, he were not under
that disability.

(3) Where any person who is required by this Act to convey or join in
conveying the fee simple in land is unknown or unascertained, the
Lands Tribunal may, on the application of the person entitled under this Act
to acquire the fee simple, appoint any person who is receiving the rent in
respect of the interest in the land of the person so entitled, or such other
person as the Tribunal may think fit to appoint, to represent such unknown or
unascertained person in all proceedings in connection with the conveyance of
the fee simple in the land, and may, at the same time or subsequently, appoint
an officer of the Tribunal to execute such conveyance for and on behalf of the
person so required and unknown or unascertained and thereupon the execution of
such conveyance by such officer for and on behalf of such person shall for all
purposes be as effectual as the execution thereof by such unknown or
unascertained person.

(4) Where a person who is required by this Act to convey or join in conveying
the fee simple in the land is incapable by reason of mental disorder within
the meaning of the Mental Health Act (Northern Ireland) 1961 of managing and
administering his property and affairs, the committee, receiver or guardian
appointed in his case under the Lunacy Regulation (Ireland) Act 1871 (or in
default of the appointment of a committee, receiver or guardian, the [Master
(Care and Protection)]) shall take the place for the purposes of this Act of
the person so incapable and may, notwithstanding any statutory provision or
rule of law to the contrary, fully and effectively convey or join in conveying
the fee simple.

(5) Where under subsection (2) or (3) the Lands Tribunal appoints a person to
execute, or join in the execution of, a conveyance of the fee simple in land
for and in the name of or for and on behalf of any person, the Tribunal may
order that the purchase money payable to that person in consideration of the
conveyance of his estate in the land be paid into the Supreme Court before the
execution of the conveyance and, upon such payment, any estate, right or
interest in or claim against the land of that person existing at the time of
such payment shall be transferred and shall attach to the money and the Court
may make such order, or give such direction, for the disbursement and
distribution of the money (including money remaining unclaimed) and any
interest or dividends thereon, as it may deem proper.

(6) Where a person upon whom a notice under section 2 in relation to land is
required to be served cannot be found or ascertained, the person shall be
deemed, for the purposes of this section, to be a person who is required by
this Act to convey or join in conveying the fee simple in the land.

(7) A power conferred on the Lands Tribunal by this section or by section 11
shall be exercised in relation to a minor who is a ward of court only by leave
of [the High Court], and for the purpose of obtaining such leave the Tribunal
shall furnish to [the High Court] all such information which the Tribunal
considers to be relevant and such further information as [the High Court] may
require.

© 1971 Crown Copyright

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