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LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 99

Citation and commencement.

99.(1) This Act may be cited as the Land Registration Act (Northern Ireland)
1970.

(2) So much of Schedule 10 as relates to vesting orders shall be included
among the Acts which may be cited as the Land Purchase Acts.

(3) Commencement

4. The Ministry may, after consultation with the Lord Chief Justice, appoint
such number of persons, who are either barristers or solicitors, to be
assistant registrars as it considers is necessary for the service of the
central office.

5. The Ministry may appoint such other officers and persons as, in the opinion
of the Ministry, are necessary for the service of the central office.

6. Each assistant registrar appointed under paragraph 4 and each officer and
other person appointed under paragraph 5 shall exercise, in accordance with
this Act and with Land Registry Rules, such of the functions of the Registrar
as may be assigned to him by the Registrar, and shall be responsible to
the Registrar for the exercise of the functions so assigned.

7. Subject to any general or special directions of the Ministry of Home
Affairs, each local registrar may be assisted in the performance of his
functions as such by such officers and other persons in the county court
service, and to such extent, as the local registrar may direct.

8. All or any of the functions conferred on a local registrar as such under
this Act may be exercised by such of the other officers or persons referred to
in paragraph 7 as the Ministry may direct.

9. In the case of the absence of the Registrar from the central office, the
senior assistant registrar present at that time in the central office may act
as Registrar and exercise all the functions conferred on the Registrar by or
under this Act.

10. In the case of the absence of a local registrar from his local office, the
person exercising at that time the functions of the [chief clerk] may act as
the local registrar and exercise all the functions conferred on a
local registrar under this Act.

11. The central office and each local office shall have a separate official
seal.

12. Judicial notice shall be taken by all courts of the official seals of the
central office and of each local office; and any document purporting to be
sealed with any such seal shall be admissible in evidence; and, if the
document is a copy of another document, the copy shall be admissible in like
manner as the original.

1. Freehold land which has been at any time sold and conveyed to or vested in,
or deemed to have been vested in, any person under the Land Purchase Acts and
was, on or after the 1st January 1892, subject to an annuity or rent-charge
for the repayment of an advance made under any of those Acts on account of
purchase money.

2. Any freehold or leasehold estate, where the estate (not being an estate
capable of being registered only in the register of subsidiary interests and
not being a mortgage) is acquired in respect of land situate in a
compulsory registration area(b)in the case of a leasehold estate(ii)on the
assignment on sale of such an estate, where the residue of the term granted
exceeds, at the date of assignment, twenty-one years.

3. Without prejudice to entry 2, land (other than a mortgage) which is
compulsorily acquired by a Government department or by a public or local body
after the commencement of this Act and the ownership of which is registrable
in the register of freeholders or the register of leaseholders.

4. A lease referred to in paragraph (a) or (b) of entry 6 in Part I of
Schedule 6, where such lease is made after the commencement of this Act and
after the first registration of the land out of which the lease is granted.

(a)entry as a Schedule 6 burden on the appropriate register of the lease;
and5. A perpetual rent-charge or a fee farm rent issuing immediately out of
land and created by a grant made after the commencement of this Act and after
the first registration of that land.

(a)entry as a Schedule 6 burden on the appropriate register of the rent-charge
or rent; and6. A fishing or sporting right created by express grant or
reservation after the commencement of this Act and after the first
registration of the land out of which the right is granted or reserved, where
the right is held in gross and is of freehold tenure, or of leasehold tenure
when the term granted exceeds twenty-one years.

(a)entry as a Schedule 6 burden on the appropriate register, in such manner as
may be prescribed, of the right; and7. Any estate in land required by any
other statutory provision to be registered in the Land Registry.

Notwithstanding the period of three months referred to in column 2 in respect
of entries 2, 4, 5 and 6, the Registrar may, on the application of any person
interested in any particular case to which that period applies and in which
the Registrar is satisfied that the application for registration

(a)cannot be made within that period, or can only be made within that period
by incurring unreasonable expense; or

(b)has not been made within that period by reason of some accident or other
sufficient cause;

In Part I

"assignment on sale" means an assurance on sale by virtue whereof there is
conferred or completed a title under which an application for registration as
owner of a leasehold estate may be made, and includes an assignment by way of
exchange where money is paid for equality of exchange, but does not include an
assignment or surrender of a lease to the owner of the immediate reversion
containing a declaration that the term is to merge in such reversion;

"conveyance", in entry 1 therein, does not include a conveyance conveying an
estate expectant on a freehold estate, whether the estate so expectant is in
reversion or remainder, or a conveyance by way of mortgage or transferring a
mortgage;

"conveyance on sale" means an assurance made on sale by virtue whereof there
is conferred or completed a title under which an application for registration
as owner of a freehold estate may be made and includes a conveyance by way of
exchange where money is paid for equality of exchange.

1. Subject to paragraph 4, where the title to any registered land is deemed,
by virtue of paragraph 2 of Part I of Schedule 13, to be a possessory title,
the Registrar may, on the application, in accordance with Land Registry Rules,
of the registered owner of the land, reclassify the title as absolute.

2. Subject to paragraph 4, where a person is registered or deemed to be
registered (otherwise than by virtue of paragraph 2 of Part I of Schedule 13)
with a possessory title to any estate in registered land and an application is
made for registration of a transfer of that estate for valuable consideration,
the Registrar may

(a)on the application of the registered owner or of the transferee;

(b)if satisfied that fifteen years have elapsed since the first registration
of the estate and the registered owner was, immediately prior to the transfer,
in possession of the estate; and

(c)after giving such notices as may be prescribed;

(i)in the case of a freehold estate, with an absolute title or, if the
circumstances of the case so require, with a good fee farm grant title; or

(ii)in the case of a leasehold estate, with a good leasehold title.

3. Subject to paragraphs 4 and 5, where any person is registered with a title
to any estate in registered land other than an absolute title, the Registrar
may

(a)on his own initiative or on the application, in such manner as may be
prescribed, of the registered owner of the estate or of some other person
claiming to be entitled thereto; and

(b)after due examination of the title;

(i)if the existing registration is with a good fee farm grant title or a good
leasehold title, with an absolute title; or

(ii)if the existing registration is with a possessory title or a qualified
title, with an absolute title, a good fee farm grant title or a good leasehold
title, as the case may require.

4. If any claim adverse to the title of the registered owner is made,
the Registrar shall not reclassify the title under this Schedule until such
claim has been disposed of.

5. In any case to which paragraph 3 applies, an applicant for
re-classification shall produce such evidence of title as the Registrar may
require, and the Registrar shall not reclassify the title until

(a)that evidence of title has been furnished to him; and

(b)such notices, if any, as may be prescribed, or as he may require to be
given, have been given.

1.(1) Without prejudice to the rights of the owner of any registered burden,
on the death of a registered full owner of any land, not being a joint tenant
whose interest ceased at death, the personal representatives of the deceased
owner shall alone be recognised by the Registrar as having any right to deal
with the estate of the deceased owner in the land, and any dispositions by
them shall have the same effect as if they were the registered owners.

[(2) Where the personal representative, or one of the
personal representatives, of the deceased owner is a trust corporation within
the meaning of Article 9 of the Administration of Estates (Northern Ireland)
Order 1979, any officer authorised for the purpose by the corporation, or by
its directors or governing body, may, on behalf of the corporation, swear
affidavits and do any act or thing which may be required, by reason of the
corporation's appointment as a personal representative, for the purpose of any
application, dealing or proceeding under this Act or under Land Registry
Rules, and the acts of an officer so authorised shall be binding on the
corporation.]

2. Nothing in this Act or in any other statutory provision shall require
the Registrar to register as owner a person in his capacity as a personal
representative.

3. The Registrar may enter on the appropriate register a note of the fact of
the death of a registered owner, stating the particulars of representation.

4. The production of an assent or transfer in the prescribed form from the
personal representatives shall authorise the Registrar to register the person
named in such assent or transfer as full owner or limited owner of the land,
as the case may be.

5. On an application to the court under subsection (3) of section 34 of the
Administration of Estates Act (Northern Ireland) 1955 in respect of registered
land, the court may, notwithstanding anything in that subsection

(a)order that the applicant be registered as owner of the land;

(b)dispense with notice to the personal representatives when it is satisfied
that

(i)at least six years have elapsed since the death of the deceased; and

(ii)the personal representatives are dead or out of the jurisdiction.

6. On the determination of the estate of a limited owner of registered land,
the Registrar shall, on application in such manner as may be prescribed,
register as owner the person entitled to be registered as such.

7. Paragraphs 1 to 6 shall, in relation to transmissions on death, apply in
the case of persons dying after the commencement of this Act.

8. Subject to paragraph 9, the provisions of the law in force immediately
before the commencement of this Act shall apply in the case of persons dying
before that date as if this Act had not been passed.

9. Nothing in paragraph 8 shall prevent

(a)the replacement (with or without amendment), by Land Registry Rules, of
orders and rules under the Act of 1891 relating to the practice and procedure
applicable in the case of persons dying before the commencement of this Act;
or

(b)the fixing, by order under section 84, of fees in respect of such practice
and procedure.

1. ... Crown rents.

2. Quit rents, tithe rent-charges and payments in lieu of tithe or tithe
rent-charges created before the commencement of this Act.

3. Annuities or rent-charges for the repayment of advances made under any of
the Land Purchase Acts on account of purchase money.

4. Annuities charged under section 27 of the
Landlord and Tenant (Ireland) Act 1870, where such charge has been created
before the commencement of this Act.

5. Any statutory provision by which the alienation, assignment, sub-division
or sub-letting of any land is prohibited or in any way restricted.

6. In the case of a registered leasehold estate, all express and implied
covenants, conditions and liabilities incident to the lease under which the
estate is held.

7. Rights of the public or of any class of the public.

8. Customary rights, franchises and liabilities arising from tenure.

9. Easements and profits a0 prendre, unless they are created by express grant
or reservation after the first registration of the land, not being a grant or
reservation required to be registered in the Statutory Charges Register.

10. Any rights to or in relation to mines and minerals or petroleum vested in
the Ministry of Commerce by virtue of any statutory provision.

11. Where a person is registered as owner of any land in
the register of freeholders or the register of leaseholders but the
registration does not extend to all mineral rights in that land, all such
powers of working, wayleaves or rights of way and rights of water and
drainage, and other powers, easements, rights and privileges for, or incident
to or connected with, mining purposes, as are for the time being subsisting
over the land and are not created by express grant or reservation after the
first registration of the land.

12. Any lease where the term granted does not exceed twenty-one years (or, in
the case of leases granted before the commencement of this Act, thirty-one
years) and where there is an occupation under any such lease.

13. In the case of any land in respect of which the owner is registered with a
title other than an absolute title, all rights excepted from the effect of
first registration.

14. Subject to the provisions of this Act, all rights acquired, or in the
course of being acquired, consequent on the Statute of Limitations (Northern
Ireland) 1958.

15. The right of every person in actual occupation of the land or in receipt
of the rents and profits thereof, save where

(a)upon inquiry made of such person, the right is not disclosed; or

(b)the right is a Schedule 6 burden.

1. Where it is proved to the satisfaction of the Registrar that any land
registered or about to be registered is exempt from, or has ceased to be
subject to, any burden specified in Part I, he may enter notice of the fact on
the appropriate register.

2. The Registrar shall note on the appropriate register, in such manner as may
be prescribed, the prohibitive or restrictive provisions of any
statutory provision to which entry 5 in Part I applies.

1. Any charge on the land created after the first registration of the land.

2. Any rent-charge or perpetual rent (not being a rent-charge or rent which,
by virtue of entry 2 or 3 in Part I of Schedule 5, affects registered land
without registration) issuing out of the land, whether created before or after
the first registration of the land.

3. Any power to charge the land with the payment of money, whether created or
arising before or after the first registration of the land.

4. Any trust for securing money on the land created or arising before or after
the first registration of the land.

5. Any lien on the land for unpaid purchase money, whether existing before or
after the first registration of the land.

6. Any lease of the land where the term granted

(a)is for a life or lives or is determinable on a life or lives; or

(b)exceeds twenty-one years, or, in the case of a lease granted before the
commencement of this Act, thirty-one years; or

(c)is for twenty-one years or less (or, in the case of a lease granted before
the commencement of this Act, thirty-one years or less), but there is not any
occupation under the lease;

7. Any judgment, or any enforcement order within the meaning of [the Judgments
Enforcement (Northern Ireland) Order 1981] (other than an order charging
land), affecting the land, whether given or made before or after the first
registration of the land.

8. Any pending action relating to the land, whether existing before or after
the first registration of the land.

9. Any charge relating to the land imposed under [Article 46 of the said Order
of 1981] (whether before or after the first registration of the land) and
adversely affecting any estate in the land of the registered owner thereof.

10. Any notice under [Article 48 of the said Order of 1981] relating to a
charge imposed under [Article 46 of that Order] in respect of the land and
adversely affecting any estate in the land of some person other than the
registered owner thereof.

11. Any easement or profit a0 prendre affecting the land created by express
grant or reservation after the first registration of the land.

12. Any covenant or condition relating to the use or enjoyment of the land,
whether created before or after the first registration of the land, not being
a covenant or condition referred to in entry 6 in Part I of Schedule 5.

13. Any estate in dower affecting the land arising before the 1st January
1956, whether existing before or after the first registration of the land.

14. Any right referred to in section 47(a) or (b).

15. Any incumbrance on the land (not being a burden referred to in entries 1
to 14 and not being a Schedule 5 burden or a statutory charge) existing at the
time of first registration.

16. Any other matter affecting the land which may be prescribed pursuant to
Land Registry Rules.

1. The ownership of Schedule 6 burdens may, and shall if so required by
section 41 or Schedule 2, be registered in accordance with Land Registry
Rules.

2. Subject to paragraphs 3 and 4, a Schedule 6 burden shall be entered as a
burden on the appropriate register on the application of the registered owner
of the land or of any other person entitled to or interested in the burden,
and, for the purposes of this Part, an application by any person for the first
registration of any land shall be treated as if it were also an application by
that person as registered owner of that land for the registration of every
Schedule 6 burden affecting that land.

3. Subject to paragraph 4, if an application is made for the registration of a
Schedule 6 burden without the request or concurrence of the registered owner
of the land affected or to be affected thereby or such other concurrence as
may be prescribed, the burden shall not be registered except by order of
the court.

4. Paragraph 3 shall not apply

(a)in the case of a burden referred to in entry 7, 8, 9 or 10 in Part I; or

(b)where the effect of that paragraph is excluded by virtue of any other
statutory provision.

5. Where any rent is entered on a register as a Schedule 6 burden and it
appears to the Registrar that there is an indemnity by way of covenant or
charge in respect of all or any part of such rent, the Registrar may, if he
thinks fit, enter a note of such indemnity on that register.

6. 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. Notwithstanding anything in paragraph 3 above, the registering authority
may, upon the application of the Board of Inland Revenue and without the
concurrence of the registered owner or an order of the court, register an
Inland Revenue charge (within the meaning of Part III of the Finance Act 1975)
as a Schedule 6 burden affecting the land or any interest therein subject to
that charge.]

1. Subject to paragraphs 2 and 3, every deed of charge by a registered owner
shall be in the prescribed form or in such other form, not being a purported
conveyance or demise (whether or not subject to defeasance) of a freehold or
leasehold estate by way of mortgage, as shall sufficiently charge the land and
as shall not be calculated to mislead.

2. The registered land comprised in a charge created by deed after the
commencement of this Act shall be described by reference to the appropriate
register or in any other manner sufficient to enable the Registrar to identify
the same.

3. A deed of charge shall not refer to any other burden affecting the land
which would have priority over the charge unless such burden is

(a)entered or deemed to be entered on the appropriate register; or

(b)a Schedule 5 burden.

4. When it is expressed in a deed of charge that any person covenants for
payment of the principal sum charged, there shall, unless provision to the
contrary is contained in the deed of charge, be implied a covenant by that
person with the registered owner for the time being of the charge

(a)to pay the principal sum charged and interest, if any, at the time and rate
specified in the deed of charge; and

(b)if the principal sum, or any part thereof, is unpaid at the time so
specified, to pay interest half-yearly at the rate so specified on so much of
the principal sum as for the time being remains unpaid.

5.(1) On registration of an owner of a charge on registered land for the
payment of any principal sum of money, with or without interest, the owner of
the charge shall have all the rights and powers of a mortgagee under a
mortgage by deed within the meaning of the Conveyancing Acts, including the
power to sell the estate which is subject to the charge, and any deed creating
such a charge shall be liable to stamp duty as if it were such a mortgage.

(2) The registered owner of a charge may apply to the court for the possession
of the registered land, the subject of the charge, or any part of that land,
and

(a)on such application, the court may, subject to sub-paragraph (3), order the
possession of the land, or that part thereof, to be delivered to him; and

(b)upon so obtaining possession of the land or, as the case may be, that part
thereof, he shall be deemed to be a mortgagee in possession.

(3) The power conferred on the court by sub-paragraph (2) shall not be
exercised

(a)except when payment of the principal sum of money secured by the deed of
charge has become due and the court thinks it proper to exercise the power; or

(b)unless the court is satisfied that, although payment of the principal sum
has not become due, there are urgent and special reasons for exercising the
power.

6. If the registered owner of a charge on land sells the land in pursuance of
any of his powers, his transferee shall be registered as owner of the land,
and thereupon the registration shall have the same effect as registration of a
transfer for valuable consideration by a registered owner.

7. When a purchaser from the registered owner of a charge is registered, under
paragraph 6, as owner of the land, the charge and all estates inferior thereto
shall, subject to paragraph 8, be discharged.

8. Nothing in paragraph 7 shall operate so as to discharge any entry made or
deemed to have been made in any register relating to a right of turbary
conferred or defined by regulations under section 4 of the
Turbary (Ireland) Act 1891, or under section 21 of the Irish Land Act 1903, as
extended by section 26 of the Northern Ireland Land Act 1925 (which relate to
turbary).

9. On registration of the owner of a charge by way of annuity, the owner of
the charge shall have such remedies for recovering and compelling payment of
the annuity as are mentioned in section 44 of the Conveyancing Act 1881, as
modified by section 6 of the Conveyancing Act 1911.

A registered limited owner of registered land may, in conjunction with all
other persons entitled under the settlement (if such owner and all such other
persons are of full age and capacity) charge that land with the payment of
money in like manner as if such owner and such other persons were registered
as full owners of the land.

1.(1) Notwithstanding anything to the contrary contained in this Act or in any
other statutory provision, a charge purporting to have been registered in
the Land Registry at the 28th July 1957 shall, subject to paragraphs 2 and 3,
not be void by reason only

(a)that it was expressed to have been created by way of mortgage; or

(b)that the consent of the Ministry was not obtained to a demise or sub-demise
expressed to have been created by any such mortgage;

(2) In this paragraph, "mortgage" includes both a mortgage by demise or
sub-demise and a mortgage by conveyance or assignment with a proviso for
redemption.

2. Except as provided by paragraph 3, paragraph 1 shall not affect any order
or judgment made or given before the 29th July 1957 in legal proceedings begun
before the 18th June 1957, or any appeal or other proceedings consequent on
any such order or judgment.

3. Paragraph 2

(a)shall not apply to any order or judgment specified in that paragraph to the
extent that any such order or judgment was set aside by any court pursuant to
section 2(3) of the Land Registry Charges Act (Northern Ireland) 1957; and

(b)shall apply to any further order made by any court pursuant to the said
section 2(3).

1. The Registrar may register in respect of any settled land

(a)the owner of the particular estate in such land, as limited owner thereof;
or

(b)any trustees in whom that land is vested, as full owners thereof.

2. Where a person is registered as limited owner under a settlement, the names
of the trustees of the settlement, if any, shall be entered in a separate
column of the appropriate register.

3. The registration of a person as limited owner of settled land in pursuance
of this Act shall not

(a)confer on the person so registered, as against any person claiming under
the settlement, any greater powers of dealing with the land than those of a
tenant for life under the Settled Land Acts;

(b)confer on the assignee, trustee in bankruptcy, devisee or
personal representatives of the limited owner any greater estate than he would
otherwise have;

(c)take away from any trustee under the settlement any powers of dealing with
the land which he would otherwise have.

4.(1) Where a person is, by operation of law or otherwise, assignee of a
person registered as limited owner of any land, the name of the assignee
shall, on his application, be entered on the register with the addition of the
word "assignee", or of such other words as may be prescribed.

(2) In default of an entry made pursuant to sub-paragraph (1), the
registration of the limited owner shall continue to have effect as if there
had been no assignment.

5. Where a new trustee of a settlement to which paragraph 2 relates is
appointed, the Registrar shall, on application and on production of the
prescribed evidence, enter his name accordingly.

6. The provisions of this Act with respect to the registration of
limited owners shall not apply in the case of settled land within the meaning
of section 63 of the Settled Land Act 1882 unless the settlement confers on
the limited owner the powers conferred by the Settled Land Act 1882 on a
tenant for life, or an order made under the Settled Land Act 1884 is in force
at the time of the application for registration.

7. Where an order referred to in paragraph 6 is made with respect to
registered land, it shall be to the effect that the person who is to exercise
the powers of a tenant for life of the land in pursuance of that section shall
be registered as limited owner of the land subject to such inhibitions, if
any, as may be considered expedient, and it shall not be necessary to register
the order as a pending action.

8. A person shall not be affected by notice of the trusts of any settlement by
reason of any person being registered as limited owner under the settlement or
by reason of any reference to the settlement being entered on the register.

1. Where the Registrar decides that any registered land would, had it been
unregistered land, have become vested in certain persons as trustees in
pursuance of the Trustee Appointment Act 1850 or the Trustee Appointment Act
1890, he shall register such trustees as owners of that registered land in the
appropriate register without requiring a document of transfer in accordance
with section 34.

2. Where any registered land becomes vested by an order under section 12 of
the Charities Act (Northern Ireland) 1964 in any person, the Registrar shall,
upon production of a copy of that order, register that person in the
appropriate register as owner of that land.

1.(1) Subject to paragraphs 2, 3, 4, and 5, compensation shall be payable to
any person who has sustained any loss by reason of

(a)the rectification of a register pursuant to section 69; or

(b)an error in, or omission from, a register which is not rectified pursuant
to section 69; or

(c)an error in a certificate issued as a result of an official search made
pursuant to Land Registry Rules; or

(d)a copying error made in a certified copy of, or a certified extract from, a
register or document, where the copy or extract is provided in accordance with
Land Registry Rules.

(2) A person deriving title from a person to whom compensation is payable
under sub-paragraph (1) shall be entitled to such compensation in the place of
the person from whom he so derived title.

2. Subject to paragraphs 3, 4 and 5, the owner of any land claiming in good
faith under a forged disposition shall, where a register is rectified, be
deemed, for the purposes of paragraph 1(1)(a), to have suffered loss by reason
of such rectification.

3. Compensation shall not be payable

(a)where the claimant has himself or by his agent caused or substantially
contributed to the loss by his act, neglect or default or derives title
(otherwise than under a registered disposition for valuable consideration)
from a person committing such an act, neglect or default; or

(b)by reason of a purchaser acquiring any interest under a registered
disposition from a body corporate referred to in section 58 free from any such
incumbrances as are mentioned in that section which are not registered or
protected as required by that section.

4.(1) Subject to sub-paragraph (2), a claim for compensation shall not be
entertained after the expiration of six years from the time when the right to
compensation accrued unless

(a)on the expiration of that period, the claimant was under any legal
disability; and

(b)the claim is made within two years from the termination of the disability.

(2) For the purposes of sub-paragraph (1), a right to compensation shall be
deemed to accrue

(a)in regard to any estate in possession, on the date of the registration
which occasioned the loss in respect of which compensation is claimed or, if
the loss arises from an omission, at the time when the omission happened;

(b)in regard to any estate in remainder or reversion, on the date when such
estate would, but for such registration or omission, have fallen into
possession;

(c)in regard to an error in a certificate referred to in paragraph 1(1)(c), or
in a certified copy or extract referred to in paragraph 1(1)(d), on the date
of the certificate or, as the case may be, of the certificate on the copy or
extract.

5. In any case of the rectification, pursuant to section 69, of an error, the
costs reasonably incurred by the claimant in obtaining the rectification shall
be deemed to be a loss to which this Schedule applies.

6. When compensation is payable under this Schedule, the amount thereof
(excluding costs) shall not exceed

(a)where a register is not rectified, the value of the land at the time when
the error was made or, as the case may be, the omission happened;

(b)where a register is rectified, the value (if there had been no
rectification) of the land immediately prior to such rectification.

7. Except for the purposes of paragraph 6, compensation payable under this
Schedule shall include any reasonable costs properly incurred by the claimant
in establishing his claim.

8. Where compensation is paid in respect of settled land, and not in respect
of any particular estate, remainder or reversion therein, the compensation
shall be paid to the trustees of the settlement and held by them as capital
money for the purposes of the Settled Land Acts.

9. Every claim for compensation under this Schedule shall be made to
the Registrar in such manner as may be prescribed.

10. Notice of every claim for compensation under this Schedule shall be served
on the Ministry and on such other persons as may be prescribed.

11. The Ministry shall be the respondent to every claim for compensation made
under this Schedule.

12. The Registrar shall, subject to paragraph 13 and to such provisions as may
be prescribed, hear and determine all claims for compensation under this
Schedule.

13. The Registrar may, and shall if so required by the claimant or by
the Ministry, refer the claim for decision by the High Court.

1. This Schedule applies to

(a)any vesting order made in the exercise of powers conferred by section 8 of
the Purchase of Land (Ireland) Act 1885 as amended or extended by any other
statutory provision; and

(b)any fiat which, if it had been given immediately after the signing of the
agreement for purchase to which it relates, would, under any provision of the
Land Purchase Acts, have had effect as if it were a vesting order so made;

2. A vesting order shall not be void by reason of the death before the making
thereof of the person in whom any land comprised therein is purported to be
vested, but shall be effectual to vest, and shall be deemed always to have
vested, that land in the personal representatives (when raised) of such person
to such uses and upon such trusts as that land would have stood limited had it
been vested in such person immediately prior to his death.

3. Any entry shown on any register as the first registration of any land shall
not be invalid by reason that the person thereby shown to be registered as
owner was then dead and, accordingly

(a)the land shall be deemed to be registered land as from the making of that
entry; and

(b)any person who proves to the satisfaction of the Registrar that he is
entitled to the land may be registered as owner thereof.

4. Subject to paragraph 5, where an error is found to have been made in a
vesting order, or in any map of land vested by a vesting order, and such error
either

(a)has, on first registration, been incorporated in any entry in any register;
or

(b)has been discovered before first registration has been completed;

5. Notwithstanding anything contained in section 69(2), where the error in a
vesting order consists only of a misdescription of the person in whom land was
vested by the order, the Registrar may, on the application of the registered
owner, or of any person applying to be registered as owner, of the land and
upon proof of such misdescription, treat the vesting order as if it had
correctly described the person in whom land was vested by the order and may
note the correct description of that person on any entry in the appropriate
register relating to any land vested by the vesting order.

6. Nothing in paragraphs 4 and 5 shall confer upon any person a right to make
any claim against the Insurance Fund which he would not have been entitled to
make if those paragraphs had not been enacted.

1. Any charge acquired before, on or after the 2nd April 1951 by a
local authority under

(a)the Towns Improvement (Ireland) Act 1854 or the Acts incorporated
therewith; or

(b)the Public Health Acts (Northern Ireland) 1878 to 1967; or

(c)section 31 of the Planning and Housing Act (Northern Ireland) 1931; or

(d)any other statutory provision, being a charge which takes effect by virtue
of that provision; and

2. Any prohibition of or restriction on the user or mode of user of land
imposed on or after the 2nd April 1951 by a local authority by order,
instrument or resolution or enforceable by virtue of any conditions attached
to any consent, approval or licence granted by a local authority on or after
that date, pursuant to any statutory provision, being a prohibition or
restriction binding on successive owners of land and not being a prohibition
or restriction operating over the whole of the district of the authority or
over the whole of any contributory place thereof.

3. Any regulations made by the Ministry of Agriculture under section 21 of the
Irish Land Act 1903 or section 26 of the Northern Ireland Land Act 1925 with
respect to rights of turbary or of access over any land for the purposes of
turbary.

Para.4 rep. by 1971 c.17 (NI) s.30 sch.4

5. Any clearance order made under section 23 of the Planning and Housing Act
(Northern Ireland) 1931.

6. Any notice served under section 29 of the said Act of 1931.

7. Any statutory conditions attached by virtue of section 2 of the Housing and
Local Government (Miscellaneous Provisions) Act (Northern Ireland) 1946 to any
house provided or purported to have been provided in pursuance of a scheme
approved by a local authority under section 1 of that Act.

8. Any statutory conditions attached by virtue of section 7 of the Housing
(No.2) Act (Northern Ireland) 1946 to any house in respect of which a grant
has been paid under that Act.

9. Any conditions applied to a cottage by virtue of regulations under section
10 of the Hill Farming Act 1946.

10. Any notice served under section 19 of the Roads Act (Northern Ireland)
1948 by any road authority within the meaning of that Act.

11. Any improvement notice for the time being in force under Part II of the
Agriculture Act (Northern Ireland) 1949.

Para.12 rep. by 1972 c.3 (NI) s.19 sch.3

13. Any resolution passed under section 8 of the Housing (Miscellaneous
Provisions) and Rent Restriction Law (Amendment) Act (Northern Ireland) 1956
declaring an area to be a proposed redevelopment area.

Para.14 rep. by 1971 c.16 (NI) s.54 sch.7

15. Any wayleave order made under section 14 of the Land Powers (Defence) Act
1958 and any restrictions imposed by section 16(1) of that Act.

16. Any notice under section 1 of the Rights of Light Act (Northern Ireland)
1961.

17. Any order under section 19 of the Housing Act (Northern Ireland) 1963.

18. Any of the following matters under the Private Streets Act (Northern
Ireland) 1964

(a)notices served under section 11;

(b)notices served under section 14(4);

(c)demands served under section 15(1);

(d)charges created under section 15(10);

(e)undertakings given under section 24(1) and undertakings given under
section 24(2);

(f)agreements entered into under section 32.

[18A. Any of the following matters under the Private Streets (Northern
Ireland) Order 1979

(a)notices served under Article 11;

(b)notices served under Article 14(5);

(c)demands served under Article 15(1);

(d)charges created under Article 15(10)

(e)undertakings given under Article 24(1) or (2);

(f)agreements entered into under Article 32.]

19. Any agreement or covenant under section 2(1), or any waiver under
section 2(3), [or an agreement or waiver under section 2A,] of the Amenity
Lands Act (Northern Ireland) 1965.

20. Any condition attached by virtue of subsection (1) of section 24 of the
Land Development Values (Compensation) Act (Northern Ireland) 1965 to any
relevant land within the meaning of that section and any notice served on any
person in relation to that land under that subsection.

21. Any condition applied to a unit of land under Schedule 3 to the
Agriculture Act 1967.

[22. Any of the following matters under the Historic Monuments Act (Northern
Ireland) 1971

(a)notices served under section 7(2);

(b)protection orders;

(c)guardianship orders.]

[23. Any resolution passed under section 23 of the Housing Act (Northern
Ireland) 1971 declaring an area to be a general improvement area and any
resolution passed under section 25(1)(a) or (2) in relation to such an area.]

[24. A grant or agreement referred to in section 16(6) of the Civil Aviation
Act 1971.]

[25. Any order under section 4(1) of the Aerodromes Act (Northern Ireland)
1971.]

[26. Any Part I or Part II conditions, within the meaning of the Housing on
Farms Act (Northern Ireland) 1972, attached to any premises by virtue of that
Act.]

[27. Any entry in a list compiled under Article 31 of the Planning (Northern
Ireland) Order 1972.]

[28. Tree preservation orders made under the Planning (Northern Ireland) Order
1972.

[29. Enforcement notices within the meaning of the Planning (Northern Ireland)
Order 1972 which take effect in relation to any land.

[30. Listed building enforcement notices within the meaning of the Planning
(Northern Ireland) Order 1972 which take effect in relation to any building.]

[31. Particulars specified in Article 11(4) of the Land Acquisition and
Compensation (Northern Ireland) Order 1973.]

[32. Any agreement under Article 26 of the Land Acquisition and Compensation
(Northern Ireland) Order 1973.]

[33. Any resolution passed under Article 32 of the Housing (Northern Ireland)
Order 1976 declaring an area to be a housing action area.]

[34. Any statutory conditions attached, by virtue of an order made under
Article 56 of the Housing (Northern Ireland) Order 1976, to any dwellings in
respect of which a grant has been paid under Part VI of that Order.]

[35. An Order under Article 39(2)(a) of the Matrimonial Causes (Northern
Ireland) Order 1978 to the extent that by virtue of Article 39(3)(b) of that
Order it renders liable to be set aside at the instance of an applicant for
financial relief a disposition of any land in Northern Ireland which is
specified in the order.]

[36. An order under Article 18(2)(i) of the Domestic Proceedings (Northern
Ireland) Order 1980, or such an order made as an interim exclusion order by
virtue of Article 21 of that Order, to the extent that by virtue of
paragraph 1(b) of Part II of Schedule 1 to that Order, or by virtue of that
provision as applied by Part III of that Schedule, it renders liable to be set
aside at the instance of the applicant for the order a disposition of any land
in Northern Ireland which is specified in the order.]

[37. Any of the following matters under the Housing (Northern Ireland) Order
1981

(a)any clearance order made under Article 33;

(b)any notice served under Article 35;

(c)any charge created under Article 42;

(d)any declaration made under Article 47 declaring an area to be a proposed
re-development area;

(e)any declaration made under Article 52 declaring an area to be a housing
action area, any extension of the duration of a housing action area under
Article 53(2) and any amendment of such a declaration under Article 54;

(f)any statutory conditions attached by virtue of an order made under Article
81;

(g)any direction made under Article 104;

(h)the statutory condition attaching by virtue of Article 123 to land held by
a registered housing association and to grant-aided land, as, defined in
Schedule 9, held by an unregistered housing association.]

Schedule 12Amendments

1. Where, immediately before the commencement of this Act, the owner of any
land was registered with a qualified or a possessory title, such owner shall
be deemed to be registered with a qualified or, as the case may be, a
possessory title within the meaning of this Act.

2. Where, immediately before the commencement of this Act, the registration of
the ownership of a freehold estate was noted as being subject to any rights or
equities pursuant to section 29(3) of the Act of 1891, the title to the estate
shall be deemed to be a possessory title within the meaning of this Act.

3. Where, immediately before the commencement of this Act, the registration of
ownership of a freehold estate was not noted as being subject to any rights or
equities, the title to the estate shall, subject to paragraph 1, be deemed to
be an absolute title within the meaning of this Act.

4. Where, immediately before the commencement of this Act, there was entered,
in relation to the registration of the ownership of a leasehold estate, a note
to the effect that the title of the lessor had been examined and found to be
good and valid, the title shall be deemed to be an absolute title within the
meaning of this Act.

5. Where, immediately before the commencement of this Act, the registration of
ownership of a leasehold estate contained no such note as is referred to in
paragraph 4, the title shall, subject to paragraph 1, be deemed to be a good
leasehold title within the meaning of this Act.

6. Where, immediately before the commencement of this Act, registration of the
ownership of any land was entered in the register of proprietors maintained
under the Small Dwellings Acquisition Acts (Northern Ireland) 1899 to 1948,
such registration shall, subject to Land Registry Rules, be deemed to have
been made in the register of freeholders or in the register of leaseholders,
as the circumstances of the case may require.

7. Where, immediately before the commencement of this Act, the title to any
land was registered in a local office, such registration shall, subject as may
be prescribed, be transferred to the central office, and, for the purpose of
this paragraph, a duplicate folio of any land so registered maintained in the
central office shall be deemed to be the original folio.

8. Every amendment to Schedule 11 to this Act shall, so long as section 2 of
the Statutory Charges Register Act (Northern Ireland) 1951 remains unrepealed
in part, be deemed to constitute an amendment to that section so far as it is
so unrepealed.

9. References in any statutory provision to the Act of 1891 shall be construed
as references to this Act, and references in any statutory provision to any
provision in the Act of 1891 shall be construed as references to the provision
as re-enacted (with or without modification) in this Act.

10. References in any statutory provision to a registering authority under
the Act of 1891 shall be construed as references to the Registrar within the
meaning of this Act.

11. The Ministry may, subject to any rules made under the Public Records Act
(Northern Ireland) 1923, direct that all or any of the books, documents and
papers formerly in the possession of the Record of Title Office, or of any
person by reason of his employment in or in aid of that Office, and directed
by order of the Land Judge pursuant to section 18(4) of the Act of 1891 to be
transferred to the Land Registry, be removed to the Public Records Office of
Northern Ireland, and any books, documents or papers directed to be so removed
shall be dealt with in accordance with the said Act of 1923 and with any rules
made thereunder.

1. Nothing in this Act (except the provisions relating to statutory charges)
shall affect any statutory provision by which the alienation, assignment,
sub-division or sub-letting of any land is prohibited or in any way
restricted.

2. Nothing in this Act shall affect the provisions of sections 28 and 29 of
the Interpretation Act (Northern Ireland) 1954 (effect of repeals and of
substituting provisions).

Schedule 14Repeals

© 1970 Crown Copyright

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