Land Registration Act (Northern Ireland) 1970

N.I. Modification and discharge of burdens

48 Modification and discharge of burdens other than charges. N.I.

(1) A covenant or condition registered as a Schedule 6 burden pursuant to entry 12 in Part I of that Schedule [F1 may be—

(a) modified or discharged by the Registrar, with the consent of the persons concerned; or

(b) discharged by the court on being satisfied that the covenant or condition—

(i) does not run with the land; or

(ii) is not capable of being enforced against the owner of the land.]

(2) The Registrar may, on the production of such evidence and subject to such conditions as may be prescribed, modify or cancel any entry in[F2 the register] of any burden, being neither a charge nor a covenant or condition to which subsection (1) applies.

F1 1978 NI 4

F2 1992 NI 7

49 Discharge, etc., of registered charges. N.I.

(1) The Registrar shall—

(a) at the request or with the concurrence of the registered owner of the charge; or

(b) on proof in the manner specified in subsection (2) or in such other manner as may be prescribed;

note on the[F3 title register]

(i) the satisfaction of a registered charge or of any part thereof;

(ii) the release of any part of registered land from a registered charge;

and, thereupon, the charge shall, to the extent so noted, cease to operate.

(2) For the purposes of subsection (1), the receipt of the registered owner of a charge shall be sufficient proof of the satisfaction of the charge or, as the case may be, of the part thereof, and a release signed by the registered owner of a charge, or, where the registered owner is a body corporate, under the seal of the body corporate, shall be sufficient proof of the release of any part of registered land subject to that charge.

F3 1992 NI 7