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LAND LAW (MISCELLANEOUS PROVISIONS) ACT (NORTHERN IRELAND) 1932 - SECT 4

Short title.

4. This Act may be cited as the Land Law (Miscellaneous Provisions) Act
(Northern Ireland), 1932.1. The Solicitor to the Ministry shall make out a
certificate specifying the date of the sale, the amount realised, the
particulars of the payments made, the amount of the balance of the proceeds of
the sale, and the name of the registered owner of the holding and the number
and title of the folio of the Register of Titles relating to the holding, or
(where registration of title has not been effected) such particulars as will
enable the holdings to be identified. The certificate shall be signed by the
Solicitor to the Ministry or by the Assistant Solicitor.

2. The Solicitor to the Ministry shall obtain an office copy of the folio of
the Register of Titles evidencing the title to the holding as such folio stood
at the date of the sale of the holding by the Ministry, or (where registration
of title has not been effected) such other evidence of the title to the
holding at that date as the said Solicitor may consider necessary.

3. The Solicitor to the Ministry shall, without delay, notify the amount of
the balance to all such persons as may appear from the Register of Titles, or
otherwise to be likely to be entitled to or interested in the balance, and
shall refer them to the provisions of this Schedule which prescribe the
procedure towards obtaining payment of the balance or any part thereof.

4. To obtain payment of the balance, or any part thereof, in a case to which
article 6 of this Schedule does not apply, the claimant shall attend before
the Solicitor to the Ministry in person, or by solicitor, to prove his claim,
and for that purpose shall, within thirty days after the date of the
notification under article 3 of this Schedule, file an affidavit which shall
state as concisely as is compatible with clearness the title to, and
particulars of the incumbrances and other claims (if any) affecting, the
balance, and shall refer to the deed and other muniments of title on which the
claimant relies, and the claimant shall produce the same to the Solicitor to
the Ministry in so far as they are within his procurement.

5. If the claimant is entitled to the entire balance, the affidavit shall
state specifically that he is so entitled, and that there is not any other
person to his knowledge or belief who has or claims any estate, right, title
or interest in or to the balance, or any part thereof; or, if there is any
such person, the nature of the claim of such person shall be stated.

6.(1) Where the balance does not exceed thirty pounds, and it appears from the
Register of Titles as it stood at the date of the sale by the Ministry that
the claimant would be entitled to such balance, the aforesaid affidavit of
title may be dispensed with.

(2) Where the balance does not exceed fifteen pounds, and it appears from the
Register of Titles that the claimant would be entitled thereto, subject to
unascertained equities (if any) arising from his interest being a graft on the
previous interest of the tenant in the holding, the ascertainment of such
equities and the aforesaid affidavit of title may be dispensed with.

7. The Solicitor to the Ministry shall make such requisitions as may be
necessary, and may, subject to the foregoing provisions of this Schedule,
require such evidence of title of any claimant as the said Solicitor may
consider necessary.

8. When the claimant or claimants have proved title to the satisfaction of the
Solicitor to the Ministry, the said Solicitor shall certify, in order of
priority, the amounts of the claims to the Ministry for payment out of the
account of the proceeds of the sale.

© 1932 Crown Copyright

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