Land Registry (Fees) Order (Northern Ireland) 1996

Article 9

SCHEDULE 2 Matters which are exempt from fees by virtue of Article 9

1.  Registration as a burden, at the time of first registration of the title, of a matter which arose before first registration other than a charge for payment of money affecting a leasehold estate where the ownership of the leasehold estate will be registered in accordance with rule 82(2) or 83.

2.  Registration on a folio of the ownership of a burden where such registration is made at the time of its registration as a burden.

3.  Registration as a burden of an easement or profit-a-prendre or a right to which section 47 of the Act applies or a right of maintenance or support where such easement, profit-a-prendre or right is created or granted in a document of transfer or lease and such registration is made at the time of registration of the transfer or lease.

4.  Registration of an appurtenance where the easement is created or granted in a document of transfer or lease and such registration is made at the time of registration of the transfer or lease.

5.  Registration of a burden created by the will of a registered owner or in a deed of settlement or of a charge under section 7 of the Administration of Estates Act (Northern Ireland) 1955(1) when such burden is registered at the time of registration of a change in ownership of the land which is the subject of the burden.

6.  Registration of a charge created by an order charging land made under Article 46 of the Judgments Enforcement (Northern Ireland) Order 1981(2) when notice of that order has been entered on the title register under Article 48 of that Order or paragraph 4 of Part IV of Schedule 2 to the Act(3) or cancellation of such notice upon registration of such a charge.

7.  Entry of notice of the existence of a burden specified in entry 5 of Part I of Schedule 5 to the Act, or cancellation of any burden specified in entry 3, 4 or 5 of Part I of that Schedule.

8.  Reclassification of a title on the initiative of the Registrar under paragraph 3 of Schedule 3 to the Act.

9.  Rectification of the register or the Statutory Charges Register where the rectification is made in consequence of an error made in the Registry.

10.  Entry of an inhibition by the Registrar under section 68(4) of the Act.

11.  Alteration of the description of land registered in a folio.

12.  Alteration of the address or description of a person appearing in a folio or alteration of such person’s surname consequent on marriage.

13.  Approval of an estate development or building plan intended for use in a series of dealings.

14.  Registration of a charge or other burden on a superior estate consequent on the extinguishment of an inferior estate.

15.  Entry of notice of the deposit of a certificate of title to secure the payment of money where that notice has been lodged in the Registry under rules 129(5) and 137(1) in response to an order made by the Registrar for the production of the certificate of title.

16.  Registration of the devolution of the title of any person entitled to be registered as owner but not so registered, where application has been made for the registration of ownership on transmission on the death of a full owner or on cessation of a limited ownership.

17.  The cancellation of a caution or inhibition.

18.  The renewal or cancellation of an entry of notice of the presenting of a bankruptcy petition referred to in section 67A(1)(5) of the Act.

19.  Amendment of the title register pursuant to rule 164.

(1)

1955 c. 24 (N.I.)

(2)

S.I. 1981/226 (N.I. 6); Art. 46 was amended by Art. 10(3) of the Registration (Lands and Deeds) (Northern Ireland) Order 1992, S.I. 1992/811 (N.I. 7) and Art. 48 was amended by Art. 51 of and para. 6(1) of Sch. 1 to that Order

(3)

Part IV of Schedule 2 was inserted into the Land Registration Act (Northern Ireland) 1970, 1970 c. 18 (N.I.), by Art. 10(2) of the Registration (Land and Deeds) (Northern Ireland) Order 1992, S.I. 1992/811 (N.I. 7)

(4)

Section 68 was amended by Art. 51 of and paras. 1, 2(1), (3) and 4(5) of Sch. 1 to the Registration (Land and Deeds) (Northern Ireland) Order 1992, S.I. 1992/811 (N.I. 7)

(5)

Section 67A was inserted into the Land Registration Act (Northern Ireland) 1970, 1970 c. 18 (N.I.), by Art. 381(2) of and para. 72 of Part II of Sch. 9 to the Insolvency (Northern Ireland) Order 1989, S.I. 1989/2405 (N.I. 19) and was amended by Art. 51 of and paras. 2(1) and 4(4) of Sch. 1 to the Registration (Land and Deeds) (Northern Ireland) Order 1992, S.I. 1992/811 (N.I. 7)