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Land Registration Act (Northern Ireland) 1970

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Land Registration Act (Northern Ireland) 1970 is up to date with all changes known to be in force on or before 21 July 2018. There are changes that may be brought into force at a future date. Help about Changes to Legislation

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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.

  1. Introductory Text

  2. PART I THE LAND REGISTRY

    1. 1.Land Registry.

    2. 2.Power of Registrar to summon witnesses.

    3. 3.Indemnity of Land Registry officials.

  3. PART II JURISDICTION OF HIGH COURT AND COUNTY COURTS

    1. 4.Jurisdiction of the High Court and county courts.

    2. 5.Power of court in action for specific performance.

    3. 6.Appeal and reference to the High Court.

    4. 7.Appeal from the High Court.

    5. 8.Enforcement by High Court of order of Registrar.

    6. 9.Registrar to obey order of court.

  4. PART III REGISTRATION OF OWNERSHIP

    1. The registers

      1. 10.The title register.

      2. 11.Conclusiveness of registers.

    2. Owners and classes of title

      1. 12.Classes of owners who may be registered.

      2. 13.Classes of title with which owner may be registered.

    3. Freehold estates

      1. 14.Application for first registration of freehold estate.

      2. 15.Effect of first registration of freehold estate with an absolute title.

      3. 16.Effect of first registration of freehold estate with a good fee farm grant title.

      4. 17.Effect of first registration of freehold estate with a possessory title.

      5. 18.Qualified title to freehold estate.

    4. Leasehold estates

      1. 19.Application for first registration of leasehold estate.

      2. 20.Effect of first registration of leasehold estate with an absolute title.

      3. 21.Effect of first registration of leasehold estate with a good leasehold title.

      4. 22.Effect of first registration of leasehold estate with a possessory title.

      5. 23.Qualified title to leasehold estate.

    5. Compulsory first registration

      1. 24.Compulsory first registration.

      2. 25.Extension of compulsory registration.

    6. Reclassification of title

      1. 26.Reclassification of registered titles.

    7. Extinguishment of leasehold estates

      1. 27.Extinguishment of leasehold estates.

    8. Examination of title

      1. 28.Examination of title by Registrar.

      2. 29.Affidavit required before registration.

      3. 30.Production of deeds, etc.

      4. 31.Deeds, etc., to be marked with notice of registration.

  5. PART IV DEALINGS WITH REGISTERED LAND

    1. General provisions

      1. 32.Dealings with registered land.

      2. 32A.Validity of electronic documents

      3. 33.Powers of person entitled to be registered.

      4. 34.Transfers of registered land.

      5. 35.Words of transfer.

      6. 36.Defeasance of registered owner's estate.

      7. 37.Transmission of registered land.

    2. Burdens generally

      1. 38.Matters which are burdens affecting registered land without registration.

      2. 39.Registration of certain burdens.

      3. 40.Priority of registered burdens.

    3. Money burdens

      1. 41.Creation and effect of charges on registered land.

      2. 42.Exercise of power of charging land

      3. 43.Priority of registered charge for future advances.

      4. 44.Powers with respect to charges under certain statutory provisions.

      5. 45.Term of years vested in trustee for raising money out of registered land.

      6. 46.Term of years vested in trustee for raising money, or mortgage, prior to first registration.

    4. Rights of residence

      1. 47.Right of residence on registered land.

    5. Modification and discharge of burdens

      1. 48.Modification and discharge of burdens other than charges.

      2. 49.Discharge, etc., of registered charges.

    6. Creation of security by deposit of land certificate, etc.

      1. 50.Creation of security by deposit of land certificate or certificate of charge.

  6. PART V GENERAL PROVISIONS AS TO REGISTRATION

    1. 50A.Souvenir land.

    2. 51.Entry of rights appurtenant to land.

    3. S.52 rep. by 1992 NI 7

    4. 53.Acquisition of title by possession.

    5. 54.Notice of trusts.

    6. 54A.Liens

    7. 55.Undivided shares and co-owners.

    8. 56.Special provisions applicable to settled land and to charitable trusts, etc.

    9. 57.Power for trustee to apply to the court for directions.

    10. 58.Provisions as to incumbrances created or issued by a body corporate which are not registered or protected.

    11. 59.Transmissions on bankruptcy of registered owner.

    12. 59A.Effect of transmissions on bankruptcy

    13. 60.Minors.

    14. 61.Persons suffering from mental disorder.

  7. PART VI MAPS AND BOUNDARIES

    1. 62.The registry map.

    2. 63.Description of registered land.

    3. 64.Effect of description of registered land.

  8. PART VII CAUTIONS AND INHIBITIONS

    1. 65.Cautions against first registration.

    2. 66.Cautions against registered dispositions, etc.

    3. 67.Inhibitions of registered dealings.

    4. 67A.Protection of creditors prior to registration of trustee in bankruptcy.

    5. 68.Inhibitions in consequence of discovery of error.

  9. PART VIII RECTIFICATION AND INDEMNITY

    1. 69.Rectification of errors.

    2. S.70 rep. by 1992 NI 7

    3. 71.Claims for compensation.

  10. PART IX MISCELLANEOUS PROVISIONS

    1. 72.Exemption from registration in the registry of deeds.

    2. 73.Exemption from registration in registry of deeds of documents relating to burdens registered under this Act.

    3. 74.Execution of documents containing reservations.

    4. 75.Avoidance of stipulations in documents precluding registration of title.

    5. 76.Avoidance of certain stipulations in contracts for transfer of, or charge on, registered land.

    6. 77.Facilities for registration of Crown Land.

    7. 78.Foreshore and seabed.

    8. 79.Land certificates and certificates of charge.

    9. 80.Special provisions relating to certain vesting orders and fiats.

    10. 81.Searches.

    11. 82.Penalties for fraud.

    12. 83.Effect of fraudulent dispositions and fraudulent acts.

    13. 84.Fees.

    14. 85.Rules.

    15. 85A.Documents and records.

  11. PART X THE STATUTORY CHARGES REGISTER

    1. 86.The Statutory Charges Register.

    2. 87.Matters registrable in the Statutory Charges Register.

    3. 88.Provisions as to registration and priority.

    4. 89.Priority notices.

    5. 90.Use of registers existing on 2nd April 1951.

    6. 91.Cancellation and modification of statutory charges.

    7. 92.Application of certain other provisions of the Act to statutory charges.

  12. PART XI SUPPLEMENTARY

    1. 93.Financial provisions.

    2. 94.Interpretation.

    3. S. 95, with Schedule 12, effects amendments

    4. 96.Transitional provisions and savings.

    5. S. 97, with Schedule 14, effects repeals

    6. 98.Application to the Crown.

    7. 99.Citation and commencement.

  13. SCHEDULES

    1. SCHEDULE 1

      ADMINISTRATIVE PROVISIONS RELATING TO LAND REGISTRY

      1. Appointment of Registrar of Titles The Registrar shall be appointed by the Ministry after consultation...

        1. Appointment of Registrar of Titles

          1. 1.The Registrar shall be appointed by the Ministry after consultation...

          2. 2.A person shall not be appointed to be Registrar unless...

          3. 3.For the purposes of paragraph 2, service by a barrister...

        2. Other officials

          1. 4.The Ministry may, after consultation with the Lord Chief Justice,...

          2. 5.The Ministry may appoint such other officers and persons as,...

        3. Functions

          1. 6.Each assistant registrar appointed under paragraph 4 and each officer...

          2. [7.An assistant registrar nominated by the Registrar may, in accordance...

          3. 8.Where the Registrar is absent from the Land Registry or...

          4. 9.All acts done by an assistant registrar under paragraph 7...

        4. The official seal

          1. 10.The Land Registry shall have an official seal.

          2. 11.(1) Judicial notice shall be taken by all courts of...

    2. SCHEDULE 1A

      ELECTRONIC REGISTRATION

      1. 1.Interpretation of this Schedule

      2. 2.Validity of electronic documents

      3. 3.Formalities of execution of electronic documents

      4. 4.Equivalent treatment of electronic documents

      5. 5.Presumption as to the authentication of electronic documents

    3. SCHEDULE 2

      COMPULSORY REGISTRATION

      1. PART I COMPULSORY REGISTRATION AND EFFECT OF NON-REGISTRATION

      2. PART II POWER TO EXTEND TIME FOR FIRST COMPULSORY REGISTRATION

        1. Notwithstanding the period of three months referred to in column...

      3. PART III INTERPRETATION OF PART I

        1. In Part I— “assignment on sale” means an assurance on...

      4. PART IV PROVISIONS RELATING TO CERTAIN LEASES

        1. 1.This Part applies to the estate created by a lease...

        2. 2.For the purpose of— (a) sections 72 and 73 of...

        3. 3.No notice of the registration of an estate to which...

        4. 4.Pending registration of an estate to which this Part applies—...

        5. 5.This Part does not prejudice the generality of section 72...

    4. SCHEDULE 3

      RECLASSIFICATION OF TITLE

      1. Reclassification of titles formerly subject to notes as to equities...

        1. Reclassification of titles formerly subject to notes as to equities and deemed to be possessory titles

          1. 1.Subject to paragraph 4, where the title to any registered...

        2. Reclassification of titles on efflux of time

          1. 2.Subject to paragraph 4, where a person is registered or...

        3. Reclassification of titles in other cases

          1. 3.Subject to paragraphs 4 and 5, where any person is...

        4. Adverse claims

          1. 4.If any claim adverse to the title of the registered...

        5. Evidence of title and notices

          1. 5.In any case to which paragraph 3 applies, an applicant...

    5. SCHEDULE 4

      TRANSMISSION OF REGISTERED LAND

      1. Transmission on death of a full owner in respect of...

        1. Transmission on death of a full owner in respect of deaths after commencement of Act

          1. 1.(1) Without prejudice to the rights of the owner of...

          2. 2.Nothing in this Act or in any other statutory provision...

          3. 3.The Registrar may enter on the title register a note...

          4. 4.The production of an assent or transfer in the prescribed...

          5. 5.On an application to the court under subsection (3) of...

        2. Transmission of estate of limited owner on death, in respect of deaths after commencement of Act, or otherwise

          1. 6.(1) Without prejudice to sub-paragrah (2) and paragraph 6A, on...

        3. Functions of Registrar in relation to assents or transfers by personal representatives

          1. 6A.Where an application for registration is made for the purposes...

        4. Application of paragraphs 1 to 6A

          1. 7.Paragraphs 1 to 6A shall, in relation to transmissions on...

        5. Transmission of registered land in the case of persons dying before the commencement of Act

          1. 8.Subject to paragraph 9, the provisions of the law in...

          2. 9.Nothing in paragraph 8 shall prevent— (a) the replacement (with...

    6. SCHEDULE 5

      BURDENS WHICH AFFECT REGISTERED LAND WITHOUT REGISTRATION

      1. PART I LIST OF BURDENS WHICH AFFECT REGISTERED LAND WITHOUT REGISTRATION

        1. 1.… Crown rents.

        2. 2.Quit rents, tithe rent-charges and payments in lieu of tithe...

        3. 3.Annuities or rent-charges for the repayment of advances made under...

        4. 4.Annuities charged under section 27 of the Landlord and Tenant...

        5. 5.Any statutory provision by which the alienation, assignment, sub-division or...

        6. 6.In the case of a registered leasehold estate, all express...

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

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

        9. 9.Easements and profits à prendre, unless they are created by...

        10. 10.Any rights to or in relation to mines and minerals...

        11. 11.Where a person is registered as owner of any land....

        12. 12.Any lease where the term granted does not exceed twenty-one...

        13. 13.In the case of any land in respect of which...

        14. 14.Subject to the provisions of this Act, all rights acquired,...

        15. 15.The right of every person in actual occupation of the...

        16. 16.Any covenant (within the meaning of the Property (Northern Ireland)...

      2. PART II PROVISIONS AFFECTING SCHEDULE 5 BURDENS

        1. 1.Where it is proved to the satisfaction of the Registrar...

        2. 2.The Registrar shall note on the title register, in such...

    7. SCHEDULE 6

      REGISTRATION OF CERTAIN BURDENS

      1. PART I LIST OF BURDENS TO WHICH SECTION 39 APPLIES

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

        2. 2.Any rent-charge or perpetual rent (not being a rent-charge or...

        3. 3.Any power to charge the land with the payment of...

        4. 4.Any trust for securing money on the land created or...

        5. 5.Any lien on the land for unpaid purchase money, whether...

        6. 6.Any lease of the land where the term granted— Para.(a)...

        7. 7.Any judgment other than a bankruptcy order, or any enforcement...

        8. 8.Any pending action relating to the land, whether existing before...

        9. 8A.Any bankruptcy petition relating to the land whether existing before...

        10. 9.Any charge relating to the land imposed under [ Article...

        11. 10.Any notice under [ Article 48 of the said Order...

        12. 11.Any easement or profit à prendre affecting the land created...

        13. 12.Any covenant or condition relating to the use or enjoyment...

        14. 13.Any estate in dower affecting the land arising before the...

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

        16. 14A.Any matrimonial or civil partnership charge ( within the meaning...

        17. 15.Any incumbrance on the land (not being a burden referred...

        18. 16.Any other matter affecting the land which may be prescribed...

      2. PART II PROVISIONS AFFECTING REGISTRATION OF SCHEDULE 6 BURDENS

        1. Registration of burdens

          1. 1.The ownership of Schedule 6 burdens may, and shall if...

          2. 2.. . . , a Schedule 6 burden shall be...

          3. Paras 3, 4 rep. by 1992 NI 7

        2. Note of indemnity in respect of rent registered as a burden

          1. 5.Where any rent is entered on the title register as...

        3. Registration of pending actions to lapse after five years

          1. 6.The registration of a pending action shall cease to have...

        4. Registration of bankruptcy petitions

          1. 6A.Paragraph 6 shall apply to the registration of a bankruptcy...

          2. Para. 7 rep. by 1992 NI 7

    8. SCHEDULE 7

      PROVISIONS RELATING TO CHARGES ON REGISTERED LAND

      1. PART I GENERAL PROVISIONS

        1. Registration of charges

          1. 1.(1) Subject to paragraphs 2 and 3, every deed of...

          2. 2.The registered land comprised in a charge created by deed...

          3. 3.A deed of charge shall not refer to any other...

          4. 4.When it is expressed in a deed of charge that...

        2. Effect of registration of ownership of charge

          1. 5.(1) On registration of an owner of a charge on...

          2. 6.If the registered owner of a charge on land sells...

          3. 7.When a purchaser from the registered owner of a charge...

          4. 8.Nothing in paragraph 7 shall operate so as to discharge...

          5. 9.On registration of the owner of a charge by way...

      2. PART II SPECIAL PROVISIONS RELATING TO CERTAIN CHARGES IN RESPECT OF SETTLED LAND

      3. PART III VALIDITY OF CERTAIN CHARGES PURPORTING TO BE REGISTERED AT 28TH JULY 1957

        1. 1.(1) Notwithstanding anything to the contrary contained in this Act...

        2. 2.Except as provided by paragraph 3, paragraph 1 shall not...

        3. 3.Paragraph 2— (a) shall not apply to any order or...

    9. SCHEDULE 8

      SPECIAL PROVISIONS RELATING TO SETTLED LAND AND TO CHARITABLE TRUSTS, ETC.

      1. PART I SETTLED LAND

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

        2. 2.Where a person is registered as limited owner under a...

        3. 3.The registration of a person as limited owner of settled...

        4. 4.(1) Where a person is, by operation of law or...

        5. 5.Where a new trustee of a settlement to which paragraph...

        6. 6.The provisions of this Act with respect to the registration...

        7. 7.Where an order referred to in paragraph 6 is made...

        8. 8.A person shall not be affected by notice of the...

      2. PART II CHARITABLE AND CERTAIN OTHER TRUSTS

        1. Registration as owners of trustees appointed pursuant to the Trustee Appointment Acts 1850 and 1890

          1. 1.Where the Registrar decides that any registered land would, had...

        2. Registration as owners of persons in whom registered land is vested by an order under section 12 of the Charities Act (Northern Ireland) 1964

          1. 2.Where any registered land becomes vested by an order under...

    10. SCHEDULE 9

      COMPENSATION PAYABLE UNDER THE ACT

      1. Right to compensation (1) Subject to paragraphs 2, 3, 4, and 5, compensation...

        1. Right to compensation

          1. 1.(1) Subject to paragraphs 2, 3, 4, and 5, compensation...

          2. 2.Subject to paragraphs 3, 4 and 5, the owner of...

          3. 3.Compensation shall not be payable— (a) where the claimant has...

          4. 3A.Where lack of proper care on the part of the...

          5. 4.(1) Subject to sub-paragraph (2) and paragraph 4A, a claim...

          6. 4A.(1) Sub-paragraph (2) applies where— (a) there is mediation in...

          7. 5.In any case of the rectification, pursuant to section 69,...

        2. Quantum of compensation

          1. 6.When compensation is payable under this Schedule, the amount thereof...

          2. 7.Except for the purposes of paragraph 6, compensation payable under...

        3. Special provisions in respect of settled land

          1. 8.Where compensation is paid in respect of settled land, and...

        4. Procedure for claiming compensation

          1. 9.The Department shall be the respondent to every claim for...

          2. 10.Where any question arising as to whether a person is...

          3. 11.Before or instead of determining a question referred to it...

    11. SCHEDULE 10

      SPECIAL PROVISIONS RELATING TO CERTAIN VESTING ORDERS AND FIATS UNDER THE LAND PURCHASE ACTS

      1. Application of Schedule This Schedule applies to— (a) any vesting order made in...

        1. Application of Schedule

          1. 1.This Schedule applies to— (a) any vesting order made in...

        2. Vesting not to be invalidated by death

          1. 2.A vesting order shall not be void by reason of...

          2. 3.Any entry shown on the title register as the first...

        3. Procedure for corrections consequent upon errors in vesting orders

          1. 4.Subject to paragraph 5, where an error is found to...

          2. 5.Notwithstanding anything contained in section 69(2), where the error in...

          3. 6.Nothing in paragraphs 4 and 5 shall confer upon any...

    12. SCHEDULE 11

      MATTERS WHICH REQUIRE TO BE REGISTERED IN THE STATUTORY CHARGES REGISTER

      1. 1.Any charge acquired before, on or after the 2nd April...

      2. 2.Any prohibition of or restriction on the user or mode...

      3. 3.Any regulations made by the Ministry of Agriculture under section...

      4. Para.4 rep. by 1971 c.17 (NI)

      5. Paras.5‐7 rep. by 1992 NI 15

      6. 8.Any statutory conditions attached by virtue of section 7 of...

      7. 9.Any conditions applied to a cottage by virtue of regulations...

      8. Para.10 rep. by 1993 NI 15

      9. 11.Any improvement notice for the time being in force under...

      10. Para. 12 rep. by 1972 c.3 (NI)

      11. Para. 13 rep. by 1992 NI 15

      12. Para. 14 rep. by 1971 c.16 (NI)

      13. 15.Any wayleave order made under section 14 of the Land...

      14. 16.Any notice under section 1 of the Rights of Light...

      15. Para. 17 rep. by 1992 NI 15

      16. 18.Any of the following matters under the Private Streets Act...

      17. [18A.Any of the following matters under the Private Streets (Northern...

      18. 19.Any agreement or covenant under section 2(1), or any waiver...

      19. 20.Any condition attached by virtue of subsection (1) of section...

      20. 21.Any condition applied to a unit of land under Schedule...

      21. 22.Any of the following matters under the Historic Monuments and...

      22. Para. 23 rep. by 1992 NI 15

      23. 24.A grant or agreement referred to in section 55(5) of...

      24. 25.Any order under Article 7 or 8 of the Airports...

      25. [26.Any Part I or Part II conditions, within the meaning...

      26. 27.Any of the following matters under the Planning Act (Northern...

      27. 28.Any of the following matters under the Water and Sewerage...

      28. [31.Particulars specified in Article 11(4) of the Land Acquisition and...

      29. 32.Any of the following matters under the Roads (Northern Ireland)...

      30. Paras. 33, 34 rep. by 1992 NI 15

      31. [35.An Order under Article 39(2)(a) of the Matrimonial Causes (Northern...

      32. 36.An occupation order under the Family Homes and Domestic Violence...

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

      34. Para. 37A rep. by 1992 NI 15

      35. 38.Any of the following matters under the Access to the...

      36. 39.Any agreement, covenant or waiver under Article 8(1), 9, or...

      37. 40.Any conditions imposed under Article 4(1) of the Social Need...

      38. 41.Any of the following matters under the Housing (Northern Ireland)...

      39. 42.Any agreement under regulation 13 of the Conservation (Natural Habitats,...

      40. 43.Any declaration under Article 46 of the Street Works (Northern...

      41. 43.Any declaration under Article 28(1) of the Environment (Northern Ireland)...

      42. 44.Any charge under Article 61 of the Waste and Contaminated...

      43. 45.Any of the following matters under Part III of the...

      44. 46.An order under paragraph 67(2) of Schedule 15 to the...

      45. 47.Any charge created under Article 25(6) of the Private Tenancies...

      46. 48.Any agreement under regulations under Article 29A of the Rates...

      47. 49.The following matters under the High Hedges Act (Northern Ireland)...

      48. 50.Any notice given under paragraph (4) of Article 220 of...

      49. 51.Any order under section 5 of the Tobacco Retailers Act...

    13. SCHEDULE 13

      TRANSITIONAL AND SAVING PROVISIONS

      1. PART I TRANSITIONAL PROVISIONS

        1. Effect of previous registration with a qualified or possessory title

          1. 1.Where, immediately before the commencement of this Act, the owner...

        2. Effect of previous registration subject to note as to equities

          1. 2.Where, immediately before the commencement of this Act, the registration...

        3. Effect of previous registration not subject to note as to equities

          1. 3.Where, immediately before the commencement of this Act, the registration...

        4. Effect of previous registration with a note to the effect that the title of lessor has been examined and found to be good and valid

          1. 4.Where, immediately before the commencement of this Act, there was...

        5. Effect of previous registration without a note relating to the title of lessor

          1. 5.Where, immediately before the commencement of this Act, the registration...

        6. Effect of previous registration in the register of proprietors

          1. 6.Where, immediately before the commencement of this Act, registration of...

        7. Transfers of registrations from local registries to central office

          1. 7.Where, immediately before the commencement of this Act, the title...

        8. Statutory charges under the Act of 1951

          1. 8.Every amendment to Schedule 11 to this Act shall, so...

        9. Construction of certain cross-references

          1. 9.References in any statutory provision to the Act of 1891...

          2. 10.References in any statutory provision to a registering authority under...

        10. Disposal of certain books, etc., relating to record of title

          1. 11.The Ministry may, subject to any rules made under the...

      2. PART II SAVINGS

        1. Consent to alienation, etc.

          1. 1.Nothing in this Act (except the provisions relating to statutory...

        2. Provisions of Interpretation Act (Northern Ireland) 1954 relating to repeals and substituting provisions

          1. 2.Nothing in this Act shall affect the provisions of sections...

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