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Section 38 Matters which are burdens affecting registered land without registration.

(1)

Notice of the existence of any of the burdens specified in Part I of Schedule 5, as for the time being subsist, may, [F1 without prejudice to Article 8(a) of the Property (Northern Ireland) Order 1978 1978 NI 4 and] subject to such conditions as may be prescribed, be entered on theF2 title register, but every such burden shall, unless under the provisions of Part II of that Schedule the contrary is expressed on that register, affect the land whether or not such notice is so entered.

(2)

[ Without prejudice to Article 8(a) of the Property (Northern Ireland) Order 1978] the provisions of Part II of Schedule 5 shall apply in relation to Schedule 5 burdens.

Annotations

Textual amendments

F1

1978 NI 4

F2

1992 NI 7

Notes on the whole Act

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)