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PART IVN.I.DEALINGS WITH REGISTERED LAND

N.I.Burdens generally

38Matters which are burdens affecting registered land without registration.N.I.

(1)Notice of the existence of any of the burdens specified in Part I of Schedule 5, as for the time being subsist, may, [F1 without prejudice to Article 8(a) of the Property (Northern Ireland) Order 1978 [1978 NI 4] and] subject to such conditions as may be prescribed, be entered on the[F2 title register], but every such burden shall, unless under the provisions of Part II of that Schedule the contrary is expressed on that register, affect the land whether or not such notice is so entered.

(2)[F1 Without prejudice to Article 8(a) of the Property (Northern Ireland) Order 1978] the provisions of Part II of Schedule 5 shall apply in relation to Schedule 5 burdens.

39Registration of certain burdens.N.I.

(1)Any of the matters specified in Part I of Schedule 6 may, subject to Part X of this Act, be entered as burdens on the[F3 title register].

(2)[F4 Without prejudice to Article 8(a) of the Property (Northern Ireland) Order 1978] the provisions of Part II of Schedule 6 shall apply in relation to the registration of Schedule 6 burdens.

40Priority of registered burdens.N.I.

Save as otherwise provided by this Act or by any other statutory provision and subject to any entry to the contrary contained in the[F5 title register], registered burdens affecting the same landF5. . . shall, if created or arising since the first registration of the land, rank according to the order in which they are entered or deemed to have been entered on[F5 the title register] and not according to the order in which they are created or arise, and shall rank in priority to any other burden (not being a Schedule 5 burden) affecting the land and created or arising since the first registration of the land.