{
  "url": "https://openlegislation.uk/land-registration-act-northern-ireland-1970/schedule-7/paragraph-5",
  "json_url": "https://openlegislation.uk/land-registration-act-northern-ireland-1970/schedule-7/paragraph-5.json",
  "legislation": "apni/1970/18",
  "legislation_title": "Land Registration Act (Northern Ireland) 1970",
  "legislation_url": "https://openlegislation.uk/land-registration-act-northern-ireland-1970",
  "path": "schedule/7/paragraph/5",
  "kind": "paragraph",
  "number": "5",
  "heading": null,
  "text": "(1) On registration of an owner of a charge on registered land for the payment of any principal sum of money, with or without interest, the owner of the charge shall have all the rights and powers of a mortgagee under a mortgage by deed within the meaning of the Conveyancing Acts, including the power to sell the estate which is subject to the charge, and any deed creating such a charge shall be liable to stamp duty as if it were such a mortgage.\n(2) The registered owner of a charge may apply to the court for the possession of the registered land, the subject of the charge, or any part of that land, and—\n(a) on such application, the court may, subject to sub-paragraph (3), order the possession of the land, or that part thereof, to be delivered to him; and\n(b) upon so obtaining possession of the land or, as the case may be, that part thereof, he shall be deemed to be a mortgagee in possession.\n(3) The power conferred on the court by sub-paragraph (2) shall not be exercised—\n(a) except when payment of the principal sum of money secured by the deed of charge has become due and the court thinks it proper to exercise the power; or\n(b) unless the court is satisfied that, although payment of the principal sum has not become due, there are urgent and special reasons for exercising the power.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/apni/1970/18/schedule/7/paragraph/5",
    "retrieved_at": "2026-10-29T21:29:35.461163+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}