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The Property (Northern Ireland) Order 1997

Status:

This is the original version (as it was originally made).

  1. Introductory Text

  2. PART I INTRODUCTORY

    1. 1.Title and commencement

    2. 2.General interpretation

    3. 3.Interpretation: “ground rent”

    4. 4.Interpretation: “dwelling-house”

  3. PART II GROUND RENTS AND CERTAIN OTHER PAYMENTS

    1. The redemption of ground rents

      1. 5.Power of certain rent-payers to redeem ground rent

      2. 6.Compulsory redemption in case of dwelling-house

      3. 7.Exceptions to, or restrictions on, Articles 5 and 6

      4. 8.Initiation of redemption procedure

      5. 9.Procedure where all other interests concur: the counter-notice

      6. 10.Correction of counter-notice where money cannot he paid in accordance with it

      7. 11.Termination of redemption procedure

      8. 12.Recommencement of redemption procedure following termination under Article 11

      9. 13.Exclusion of re-possession of land while redemption is pending

      10. 14.accordance with counter-notice

      11. 15.The redemption money

      12. 16.Certificate of redemption

    2. Consequences of redemption

      1. 17.Effect of certificate of redemption

      2. 18.Superior rents

      3. 19.Lands in separate occupation subject to single ground rent

      4. 20.Effect of redemption on titles

      5. 21.Disposal of redemption money lodged with the Registrar: claims thereto

      6. 22.Register of redemption moneys

      7. 23.Continuance of rights and equities affecting leasehold estate

      8. 24.Mortgages and leases

      9. 25.Covenants

      10. 26.Enforceability of covenants

    3. The redemption of certain other periodic payments

      1. 27.Application of certain provisions of Order to certain other periodic payments

    4. Prohibition of transactions giving rise to, or to increases in, ground rents

      1. 28.Fee farm grants

      2. 29.Rentcharges

      3. 30.Long leases of dwelling-houses

      4. 31.Avoidance of provisions for increase or review of ground rent

    5. Supplementary

      1. 32.Settled land

      2. 33.Cesser of Act of 1971 as to enlargement of leases to which this Part applies

  4. PART III FREEHOLD COVENANTS AND CERTAIN LEASES

    1. Freehold covenants

      1. 34.Running of freehold covenants

    2. Leases

      1. 35.Enlargement of leasehold estate subject to no rent

      2. 36.Perpetually renewable leases

      3. 37.Leases for lives, etc.

      4. 38.Repeal of statutory provisions relating to agricultural tenancies

  5. PART IV PROVISIONS SUPPLEMENTARY TO PARTS II AND III

    1. 39.Avoidance of certain agreements and powers

    2. 40.Mental patients

    3. 41.Service of documents

    4. 42.Disputes

    5. 43.Offences

    6. 44.Civil remedy for misstatement

    7. 45.Enforcement of covenants

    8. 46.Fees and rules

    9. 47.Application to the Crown

  6. PART V MISCELLANEOUS AND GENERAL

    1. Co-ownership

      1. 48.Enforcement of charge on estate of co-owner

      2. 49.Power of court under Partition Acts

      3. 50.Severance of joint tenancy by charge

    2. Application of Act of 1971 to the National Trust

      1. 51.Amendment of Act of 1971 as to National Trust

    3. Compensation for compulsory acquisition

      1. 52.Compensation for compulsory acquisition: land subject to tenancy

    4. General

      1. 53.Amendments and repeals

  7. Signature

  8. SCHEDULES

    1. SCHEDULE 1

      THE REDEMPTION MONEY

      1. The redemption money — general provisions

        1. 1.The redemption money appropriate to a ground rent is the...

        2. 2.(1) For the period beginning at the expiration of the...

      2. Ground rent under building lease, etc.

        1. 3.(1) Where land held under a building lease or under...

      3. Ground rent subject to future increase

        1. 4.(1) This paragraph applies for the purpose of determining, for...

      4. Ground rent subject to periodic review

        1. 5.(1) This paragraph applies for the purpose of determining, for...

    2. SCHEDULE 2

      CONSEQUENCES OF CONSEQUENCES OF CONVERSION OF PERPETUALLY RENEWABLE LEASES

      1. Continuance of certain provisions of lease or sublease

        1. 1.(1) The estate in fee simple which comes into existence...

      2. Rights and equities

        1. 2.(1) Subject to the provisions of this Schedule (and, in...

      3. Wills

        1. 3.(1) Any provision of a will in respect of the...

      4. Sub-leases not perpetually renewable

        1. 4.Sub-leases not coming within Article 36(5) continue to have effect,...

      5. Implied covenants

        1. 5.The fee simple is subject to— (a) an implied covenant...

      6. Liability of original owner of the fee simple.

        1. 6.(1) The person who becomes the owner of the fee...

      7. Adjustment of rent to compensate for loss of fines

        1. 7.(1) Where, under the lease, any fine was payable by...

        2. 8.(1) Where— (a) the owner of the fee simple and...

      8. Powers of trustees

        1. 9.(1) A power authorising a trustee or other person to...

      9. Interpretation

        1. 10.In this Schedule references to the former lessor are to...

    3. SCHEDULE 3

      CONVERSION OF LEASES FOR LIVES. ETC., AND OF CERTAIN AGREEMENTS FOR SUCH LEASES

      1. 1.Where the lease, or the lease provided for in the...

      2. 2.Where, in any entry in the second column of the...

      3. 3.Any provision of a will in respect of the estate...

    4. SCHEDULE 4

      AMENDMENTS

      1. The Administration of Estates Act (Northern Ireland) 1955 (c. 24)

        1. 1.In section 40(1), at the beginning of paragraph (c), insert...

      2. The Land Registration Act (Northern Ireland) 1970 (c. 18)

        1. 2.In Schedule 5, in Part I, after entry 15 insert—...

      3. The Leasehold (Enlargement and Extension) Act (Northern Ireland) 1971 (c. 7)

        1. 3.For section 5(4) substitute— (4) Without prejudice to the powers...

        2. 4.For section 11(4) substitute the subsection substituted above for section...

      4. The Insolvency (Northern Ireland) Order 1989 (NI 19)

        1. 5.In Schedule 2, paragraph 7, and Schedule 3, paragraph 10,...

      5. The Business Tenancies (Northern Ireland) Order 1996 (NI 5)

        1. 6.In Article 2 at the end insert—

        2. 7.In Article 6(4), at the end insert “and paragraph 2...

        3. 8.In Article 8(4) at the end insert “and paragraph 2...

    5. SCHEDULE 5

      REPEALS

  9. Explanatory Note

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