The Registration (Land and Deeds) (Northern Ireland) Order 1992

General provisions as to registration

Souvenir land

24.  The following section shall be inserted at the beginning of Part V of the 1970 Act:

“Souvenir land.

50A.— (1) Land Registry Rules may make provision—

(a) for enabling the Registrar, in such circumstances and subject to such conditions as may be prescribed, to declare any area of land to be subject to a souvenir land scheme if the Registrar is satisfied that the land comprised in that area consists wholly or mainly of land—

(i) which has been, or is proposed to be, disposed of (by way of sale or otherwise) in souvenir plots; or

(ii) of which part has been, and the remainder is proposed to be, so disposed of;

(b) with respect to the cancellation of declarations and the extension or reduction of the area to which any declaration relates;

(c) for authorising or requiring the Registrar not to accept applications under this Act relating to souvenir land or notices, cautions or other documents relating to that land;

(d) for excepting souvenir land from any requirement under this Act for compulsory registration;

(e) for securing that transactions relating to souvenir land which is registered take effect as if the land were not registered land; and

(f) generally for modifying or excluding in relation to souvenir land the operation of any provision in this Act or any Land Registry Rules.

(2) In this section—

“declaration” means a declaration by the Registrar, made in pursuance of Land Registry Rules made under subsection (1)(a), that an area of land is subject to a souvenir land scheme;

“souvenir land” means land situated within an area in respect of which a declaration is for the time being in force;

“souvenir plot” means any piece of land which, being of inconsiderable size and little or no practical utility, is unlikely to be wanted in isolation except for the sake of pure ownership or for sentimental reasons or commemorative purposes.”.

Liens

25.—(1) In sections 2(1) and 30(2) of the 1970 Act (power of Registrar to require production of documents), at the end, there shall be inserted (in each case) “(and may do so notwithstanding that any such document is subject to a lien)”.

(2) After section 54 of that Act there shall be inserted:

“Liens.

54A.— (1) No lien other than a lien on land shall be the subject of an entry in the title register.

(2) The power of the Registrar to make an order for production of any certificate of title or other title deed shall not be restricted by notice of the existence of any lien.”.

(3) In section 79 of that Act (land certificates and certificates of charge), at the end, there shall be inserted:

“(3) A provision made under subsection (2)(b) shall have effect notwithstanding that a certificate to which the provision applies is subject to a lien.”.

Incumbrances created, etc., by bodies corporate

26.  The following amendments shall be made in section 58 of the 1970 Act (by virtue of which the Registrar and other persons are not concerned with incumbrances created or issued by a body corporate unless, in particular, the incumbrance is a registered burden or protected by a caution or an inhibition):

(a) for “a registered burden” substitute “registered as a burden”;

(b) for “or an inhibition” substitute “, an inhibition or a notice”.

Minors and persons suffering from mental disorder

27.  In sections 60(3) and 61 of the 1970 Act (power of court to appoint a representative for, respectively, a minor or a person incapable by reason of mental disorder) after “the court” there shall be inserted (in each case) “or, in the case of a reference to the Lands Tribunal, that Tribunal”.