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SCHEDULES

SCHEDULE 10N.I.SPECIAL PROVISIONS RELATING TO CERTAIN VESTING ORDERS AND FIATS UNDER THE LAND PURCHASE ACTS

N.I.Application of Schedule

1This 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 [1885 c.73] 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;

and, accordingly, references in this Schedule to a vesting order are references to any such vesting order or fiat.

N.I.Vesting not to be invalidated by death

2A 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.

3Any entry shown on[F1 the title 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.

N.I.Procedure for corrections consequent upon errors in vesting orders

4Subject 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[F2 the register]; or

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

the court may, in accordance with and subject to section 69(1) and (3), treat the error as if it were an error occurring in the registration of the ownership of the land and may direct such consequential rectification of[F2 the register] as appears to the court to be necessary.

5Notwithstanding 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[F3 title register] relating to any land vested by the vesting order.

6Nothing in paragraphs 4 and 5 shall confer upon any person a right to make any claim[F4 for compensation] which he would not have been entitled to make if those paragraphs had not been enacted.