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Land Registration Act (Northern Ireland) 1970

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19Application for first registration of leasehold estate.N.I.

(1)An application for first registration of the ownership of a leasehold estate may be made by—

(a)the owner of the leasehold estate (including a personal representative or a person having under the Settled Land Acts the powers of a tenant for life, but excluding a mortgagee where there is a subsisting right of redemption); or

(b)any other person authorised in that behalf by any statutory provision;

whether or not such estate is subject to incumbrances.

(2)An application under subsection (1) shall be made for registration with—

(a)an absolute title; or

(b)a good leasehold title; or

(c)a possessory title[F1; or]

[F1(d)a qualified title.]

(3)Where the applicant is a personal representative, any registration under this section shall be made—

(a)by registering in the[F1 title register], as owner of the estate, the person who is entitled thereto under the will or on the intestacy of the deceased owner; or

(b)by registering in the[F1 title register], as owner of the estate, a transferee for valuable consideration of the lands from such personal representative; or

(c)by entering on the[F1 title register] a note showing the nature of the estate of the deceased owner with particulars of the date of his death and of the grant of representation, including the names and addresses of the personal representatives.

(4)The entry of a note referred to in subsection (3)(c) shall operate as if it were the registration of the deceased owner of the estate and as if it were the entry of the note referred to in paragraph 3 of Schedule 4.

(5)A person shall not be registered under this section with an absolute title[F1 until he has produced such evidence of title to—

(a)the leasehold estate; and

(b)the freehold estate; and

(c)any intermediate estate which may exist,

as the Registrar considers necessary to justify registration with the proposed class of title].

(6)A person shall not be registered under this section with a title other than an absolute title[F1 until his right to be so registered has been shown to the satisfaction of the Registrar.]

(7)If, on application for first registration as owner of a leasehold estate with one of the classes of title specified in subsection (2), the Registrar decides that the person to be registered as owner of the estate should be registered with a title of another of those classesF1. . . , he may, subject to such conditions as may be prescribed, register that person accordingly.

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