- Latest available (Revised)
- Original (As made)
There are currently no known outstanding effects for the Property (Northern Ireland) Order 1978, PART III.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
9. In this Part—
“conveyance” includes any instrument, other than a will, consisting of or including a grant, transfer, mortgage, charge, lease, assignment, assent, appointment, vesting declaration, disclaimer, release or other assurance of property or of an interest therein; and “convey” has a corresponding meaning;
“disposition” includes a conveyance and also a devise, bequest or appointment of property by will;
“implied”, in relation to a covenant, includes implied by a statutory provision;
“property” includes—
land;
a chattel or any interest in a chattel;
a thing in action;
any other right which is treated commercially as property;
“statutory provision” has the meaning given by section 1( f) of the Interpretation Act (Northern Ireland) 1954 [1954 c.33] .
10.—(1) A person may convey property to himself jointly with another person, and has been capable of doing so—
(a)as respects personal property, including leaseholds, since 12th August 1859; and
(b)as respects freehold land and things in action, since 31st December 1881,
in like manner as he could convey it to a third person.
(2) After the commencement of this paragraph a person may convey land to himself; but in this paragraph “convey” does not include leasing or making a fee farm grant.
(3) Two or more persons (whether or not they are trustees or personal representatives) may convey, and have always been capable of conveying, any property vested in them to any one or more of themselves in like manner as they could convey it to a third person; but if the persons in whose favour the conveyance is made are, by reason of any fiduciary relationship or otherwise, precluded from validly carrying out the transaction, the conveyance is liable to be set aside.
(4) Without prejudice to Article 11, this Article does not affect any rule of law under which a covenant or agreement entered into by a person with himself is unenforceable.
11.—(1) A covenant (whether express or implied) or agreement entered into by a person with himself and another or others shall be construed and be capable of being enforced in like manner as if the covenant or agreement had been entered into with the other person or persons alone.
(2) This Article applies to covenants and agreements entered into before or after the commencement of this Article.
12.—(1) Subject to any other statutory provision, where under a covenant (whether express or implied) more persons than one are—
(a)covenantors, the covenant binds the covenantors and any two or more of them jointly and each of them severally;
(b)covenantees, the covenant shall be construed as being also made with each of them.
(2) This Article applies only if and as far as a contrary intention is not expressed in the covenant and applies only to covenants entered into after the commencement of this Article.
13. A husband and wife shall, for all purposes of acquisition of any interest in property under a disposition made or coming into operation after the commencement of this Article, be treated as two persons.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: