Land Registration Act (Northern Ireland) 1970
1970 c. 18 (N.I.) · Enacted 23 June 1970 · Extends to Northern Ireland
C1C2An Act to revise the law relating to the registration of the title to land; to extend the compulsory registration of the title to land; to repeal and re-enact with certain amendments the law relating to the registration of statutory charges; and for matters connected therewith.
[23rd June 1970]
M1WHEREAS, pursuant to section 12(2)(b) of the Northern Ireland Act 1962 , the consent of the Lord Chief Justice has been obtained to the provisions of sections 59(1) and (4) and 85(3)( m) of this Act, of which—
(a) section 59(1) and (4) imposes certain duties on the Bankruptcy Registrar; and
(b) section 85(3)( m) authorises the making of Land Registry Rules providing for the taxation of costs by the taxing master of the F1Court of Judicature.
Annotations to the whole text
Textual amendments
- F1
Words in preamble of Act substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59(5), 148(1), Sch. 11 para. 6; S.I. 2009/1604, art. 2(d)
Marginal citations
- M1
- M2
Modifications
- C1
functions transf. by SR 1999/481
- C2
Act applied (27.3.2006) by Insolvency Rules (Northern Ireland) 1991 (S.R. 1991/364), rule 229A(3) (as substituted by Insolvency (Amendment) Rules (Northern Ireland) 2006 (S.R. 2006/47), rule 9(1), Sch. 1 Pt. 6 para.91)
- C3
Act applied (with modifications) (4.1.2024) by S.I. 2021/716, Sch. 3 paras. 2, 3 (as amended by The Payment and Electronic Money Institution Insolvency (Amendment) Regulations 2023 (S.I. 2023/1399), regs. 1(2), 21(2)(a)(4))
Contents
- Part I: THE LAND REGISTRY
- 1Land Registry.
- 2Power of Registrar to summon witnesses.
- 3Indemnity of Land Registry officials.
- Part II: JURISDICTION OF HIGH COURT AND COUNTY COURTS
- 4Jurisdiction of the High Court and county courts.
- 5Power of court in action for specific performance.
- 6Appeal and reference to the High Court.
- 7Appeal from the High Court.
- 8Enforcement by High Court of order of Registrar.
- 9Registrar to obey order of court.
- Part III: REGISTRATION OF OWNERSHIP
- Chapter: The registers
- 10The title register.
- 11Conclusiveness of registers.
- Chapter: Owners and classes of title
- 12Classes of owners who may be registered.
- 13Classes of title with which owner may be registered.
- Chapter: Freehold estates
- 14Application for first registration of freehold estate.
- 15Effect of first registration of freehold estate with an absolute title.
- 16Effect of first registration of freehold estate with a good fee farm grant title.
- 17Effect of first registration of freehold estate with a possessory title.
- 18Qualified title to freehold estate.
- Chapter: Leasehold estates
- 19Application for first registration of leasehold estate.
- 20Effect of first registration of leasehold estate with an absolute title.
- 21Effect of first registration of leasehold estate with a good leasehold title.
- 22Effect of first registration of leasehold estate with a possessory title.
- 23Qualified title to leasehold estate.
- Chapter: Compulsory first registration
- 24Compulsory first registration.
- 25Extension of compulsory registration.
- Chapter: Reclassification of title
- 26Reclassification of registered titles.
- Chapter: Extinguishment of leasehold estates
- 27Extinguishment of leasehold estates.
- Chapter: Examination of title
- 28Examination of title by Registrar.
- 29Affidavit required before registration.
- 30Production of deeds, etc.
- 31Deeds, etc., to be marked with notice of registration.
- Part IV: DEALINGS WITH REGISTERED LAND
- Chapter: General provisions
- 32Dealings with registered land.
- 32AValidity of electronic documents
- 33Powers of person entitled to be registered.
- 34Transfers of registered land.
- 35Words of transfer.
- 36Defeasance of registered owner's estate.
- 37Transmission of registered land.
- Chapter: Burdens generally
- 38Matters which are burdens affecting registered land without registration.
- 39Registration of certain burdens.
- 40Priority of registered burdens.
- Chapter: Money burdens
- 41Creation and effect of charges on registered land.
- 42Exercise of power of charging land
- 43Priority of registered charge for future advances.
- 44Powers with respect to charges under certain statutory provisions.
- 45Term of years vested in trustee for raising money out of registered land.
- 46Term of years vested in trustee for raising money, or mortgage, prior to first registration.
- Chapter: Rights of residence
- 47Right of residence on registered land.
- Chapter: Modification and discharge of burdens
- 48Modification and discharge of burdens other than charges.
- 49Discharge, etc., of registered charges.
- Chapter: Creation of security by deposit of land certificate, etc.
- 50Creation of security by deposit of land certificate or certificate of charge.
- VGENERAL PROVISIONS AS TO REGISTRATION
- 50ASouvenir land.
- 51Entry of rights appurtenant to land.
- 53Acquisition of title by possession.
- 54Notice of trusts.
- 54ALiens
- 55Undivided shares and co-owners.
- 56Special provisions applicable to settled land and to charitable trusts, etc.
- 57Power for trustee to apply to the court for directions.
- 58Provisions as to incumbrances created or issued by a body corporate which are not registered or protected.
- 59Transmissions on bankruptcy of registered owner.
- 59AEffect of transmissions on bankruptcy
- 60Minors.
- 61Persons suffering from mental disorder.
- 61AOverseas entities
- Part VI: MAPS AND BOUNDARIES
- 62The registry map.
- 63Description of registered land.
- 64Effect of description of registered land.
- Part VII: CAUTIONS AND INHIBITIONS
- 65Cautions against first registration.
- 66Cautions against registered dispositions, etc.
- 67Inhibitions of registered dealings.
- 67AProtection of creditors prior to registration of trustee in bankruptcy.
- 68Inhibitions in consequence of discovery of error.
- VIIIRECTIFICATION AND INDEMNITY
- 69Rectification of errors.
- 71Claims for compensation.
- Part IX: MISCELLANEOUS PROVISIONS
- 72Exemption from registration in the registry of deeds.
- 73Exemption from registration in registry of deeds of documents relating to burdens registered under this Act.
- 74Execution of documents containing reservations.
- 75Avoidance of stipulations in documents precluding registration of title.
- 76Avoidance of certain stipulations in contracts for transfer of, or charge on, registered land.
- 77Facilities for registration of Crown Land.
- 78Foreshore and seabed.
- 79Land certificates and certificates of charge.
- 80Special provisions relating to certain vesting orders and fiats.
- 81Searches.
- 82Penalties for fraud.
- 83Effect of fraudulent dispositions and fraudulent acts.
- 84Fees.
- 85Rules.
- 85ADocuments and records.
- Part X: THE STATUTORY CHARGES REGISTER
- 86The Statutory Charges Register.
- 87Matters registrable in the Statutory Charges Register.
- 88Provisions as to registration and priority.
- 89Priority notices.
- 90Use of registers existing on 2nd April 1951.
- 91Cancellation and modification of statutory charges.
- 92Application of certain other provisions of the Act to statutory charges.
- XISUPPLEMENTARY
- 93Financial provisions.
- 94Interpretation.
- 96Transitional provisions and savings.
- 98Application to the Crown.
- 99Citation and commencement.
- Schedule 1: ADMINISTRATIVE PROVISIONS RELATING TO LAND REGISTRY
- Part
- Chapter: Appointment of Registrar of Titles
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Chapter: Other officials
- 4Paragraph 4
- 5Paragraph 5
- Chapter: Functions
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Chapter: The official seal
- 10Paragraph 10
- 11Paragraph 11
- Schedule 1A: ELECTRONIC REGISTRATION
- 1Interpretation of this Schedule
- 2Validity of electronic documents
- 3Formalities of execution of electronic documents
- 4Equivalent treatment of electronic documents
- 5Presumption as to the authentication of electronic documents
- Schedule 2: COMPULSORY REGISTRATION
- ICOMPULSORY REGISTRATION AND EFFECT OF NON-REGISTRATION
- Part II: POWER TO EXTEND TIME FOR FIRST COMPULSORY REGISTRATION
- Paragraph
- Part III: INTERPRETATION OF PART I
- Paragraph
- Part IV: PROVISIONS RELATING TO CERTAIN LEASES
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Schedule 3: RECLASSIFICATION OF TITLE
- Part
- Chapter: Reclassification of titles formerly subject to notes as to equities and deemed to be possessory titles
- 1Paragraph 1
- Chapter: Reclassification of titles on efflux of time
- 2Paragraph 2
- Chapter: Reclassification of titles in other cases
- 3Paragraph 3
- Chapter: Adverse claims
- 4Paragraph 4
- Chapter: Evidence of title and notices
- 5Paragraph 5
- Schedule 4: TRANSMISSION OF REGISTERED LAND
- Part
- Chapter: Transmission on death of a full owner in respect of deaths after commencement of Act
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Chapter: Transmission of estate of limited owner on death, in respect of deaths after commencement of Act, or otherwise
- 6Paragraph 6
- Chapter: Functions of Registrar in relation to assents or transfers by personal representatives
- 6AParagraph 6A
- Chapter: Application of paragraphs 1 to 6A
- 7Paragraph 7
- Chapter: Transmission of registered land in the case of persons dying before the commencement of Act
- 8Paragraph 8
- 9Paragraph 9
- Schedule 5: BURDENS WHICH AFFECT REGISTERED LAND WITHOUT REGISTRATION
- Part I: LIST OF BURDENS WHICH AFFECT REGISTERED LAND WITHOUT REGISTRATION
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- Part II: PROVISIONS AFFECTING SCHEDULE 5 BURDENS
- 1Paragraph 1
- 2Paragraph 2
- Schedule 6: REGISTRATION OF CERTAIN BURDENS
- Part I: LIST OF BURDENS TO WHICH SECTION 39 APPLIES
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 8AParagraph 8A
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 14AParagraph 14A
- 15Paragraph 15
- 16Paragraph 16
- Part II: PROVISIONS AFFECTING REGISTRATION OF SCHEDULE 6 BURDENS
- Chapter: Registration of burdens
- 1Paragraph 1
- 2Paragraph 2
- Paragraph
- Chapter: Note of indemnity in respect of rent registered as a burden
- 5Paragraph 5
- Chapter: Registration of pending actions to lapse after five years
- 6Paragraph 6
- Chapter: Registration of bankruptcy petitions
- 6AParagraph 6A
- Paragraph
- Schedule 7: PROVISIONS RELATING TO CHARGES ON REGISTERED LAND
- Part I: GENERAL PROVISIONS
- Chapter: Registration of charges
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Chapter: Effect of registration of ownership of charge
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- IISPECIAL PROVISIONS RELATING TO CERTAIN CHARGES IN RESPECT OF SETTLED LAND
- Part III: VALIDITY OF CERTAIN CHARGES PURPORTING TO BE REGISTERED AT 28TH JULY 1957
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Schedule 8: SPECIAL PROVISIONS RELATING TO SETTLED LAND AND TO CHARITABLE TRUSTS, ETC.
- Part I: SETTLED LAND
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Part II: CHARITABLE AND CERTAIN OTHER TRUSTS
- Chapter: Registration as owners of trustees appointed pursuant to the Trustee Appointment Acts 1850 and 1890
- 1Paragraph 1
- Chapter: Registration as owners of persons in whom registered land is vested by an order under section 12 of the Charities Act (Northern Ireland) 1964
- 2Paragraph 2
- Schedule 8A: Overseas entities
- Part 1: Registration and dispositions
- 1Meaning of “qualifying estate”
- 2Registration
- 3Restrictions on disposal
- 4Registrable dispositions by overseas entity entitled to be registered (but not registered)
- 4AConsent to registration of dispositions that cannot otherwise be registered
- 5Making dispositions that cannot be registered
- 6Interpretation etc
- 7Interpretation etc
- Schedule 9: COMPENSATION PAYABLE UNDER THE ACT
- Part
- Chapter: Right to compensation
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 3AParagraph 3A
- 4Paragraph 4
- 4AParagraph 4A
- 5Paragraph 5
- Chapter: Quantum of compensation
- 6Paragraph 6
- 7Paragraph 7
- Chapter: Special provisions in respect of settled land
- 8Paragraph 8
- Chapter: Procedure for claiming compensation
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Schedule 10: SPECIAL PROVISIONS RELATING TO CERTAIN VESTING ORDERS AND FIATS UNDER THE LAND PURCHASE ACTS
- Part
- Chapter: Application of Schedule
- 1Paragraph 1
- Chapter: Vesting not to be invalidated by death
- 2Paragraph 2
- 3Paragraph 3
- Chapter: Procedure for corrections consequent upon errors in vesting orders
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Schedule 11: MATTERS WHICH REQUIRE TO BE REGISTERED IN THE STATUTORY CHARGES REGISTER
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Paragraph
- Paragraph
- 8Paragraph 8
- 9Paragraph 9
- Paragraph
- 11Paragraph 11
- Paragraph
- Paragraph
- Paragraph
- 15Paragraph 15
- 16Paragraph 16
- Paragraph
- 18Paragraph 18
- 18AParagraph 18A
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- Paragraph
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 31Paragraph 31
- 32Paragraph 32
- Paragraph
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- Paragraph
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- 43Paragraph 43
- 44Paragraph 44 Not yet in force
- 45Paragraph 45
- 46Paragraph 46
- 47Paragraph 47
- 48Paragraph 48
- 49Paragraph 49
- 50Paragraph 50
- 51Paragraph 51
- 51AParagraph 51A
- 52Paragraph 52
- 53Paragraph 53
- 54Paragraph 54
- Schedule Schedule
- Schedule 13: TRANSITIONAL AND SAVING PROVISIONS
- Part I: TRANSITIONAL PROVISIONS
- Chapter: Effect of previous registration with a qualified or possessory title
- 1Paragraph 1
- Chapter: Effect of previous registration subject to note as to equities
- 2Paragraph 2
- Chapter: Effect of previous registration not subject to note as to equities
- 3Paragraph 3
- Chapter: Effect of previous registration with a note to the effect that the title of lessor has been examined and found to be good and valid
- 4Paragraph 4
- Chapter: Effect of previous registration without a note relating to the title of lessor
- 5Paragraph 5
- Chapter: Effect of previous registration in the register of proprietors
- 6Paragraph 6
- Chapter: Transfers of registrations from local registries to central office
- 7Paragraph 7
- Chapter: Statutory charges under the Act of 1951
- 8Paragraph 8
- Chapter: Construction of certain cross-references
- 9Paragraph 9
- 10Paragraph 10
- Chapter: Disposal of certain books, etc., relating to record of title
- 11Paragraph 11
- Part II: SAVINGS
- Chapter: Consent to alienation, etc.
- 1Paragraph 1
- Chapter: Provisions of Interpretation Act (Northern Ireland) 1954 relating to repeals and substituting provisions
- 2Paragraph 2
- Schedule Schedule