PART II N.I.IDENTIFICATION, AND MODIFICATION OR EXTINGUISHMENT, OF CERTAIN IMPEDIMENTS TO THE ENJOYMENT OF LAND

Power of Lands Tribunal to define scope, etc., of impediments N.I.

4.—(1) The Lands Tribunal, on the application of any person interested in land, may make an order declaring—

(a) whether or not the land is, or would in any given event be, affected by an impediment;

(b) the nature or extent of the impediment;

(c) whether the impediment is, or would in any given event be, enforceable and, if so, by whom.

(2) Where a question of law arises in connection with an application under this Article, the Lands Tribunal may refer the question to the Court of Appeal for decision.

(3) Paragraph (2) does not prejudice section 8(6) of the Lands Tribunal and Compensation Act (Northern Ireland) 1964 [1964 c.29] (requirement for case stated following decision).

(4) Where an application is made to the Lands Tribunal under this Article in connection with any impediment, no proceedings for the establishment or enforcement of the impediment shall be taken in any court without leave of the court until the application has been disposed of.