LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 34 Transfers of registered land.

	[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here: BAILII >> Databases >> Northern Irish Legislation >> LAND REGISTRATION ACT (NORTHERN IRELAND) 1970

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

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.

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/lrai1970351/s34.html

Northern Irish Legislation

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 34