Registry of Deeds

Registration of Deeds Act 1970.

The registration of deeds aims to underpin the unregistered title system of land conveyancing in Northern Ireland. A deed that is registered first has priority over later registered deeds irrespective of the date at which the deed is made. However, the registry system did not allow priority where the later person or the person holding under the later deed had actual notice of the earlier deeds.

The registration of deed system and unregistered conveyancing will gradually disappear as all land in Northern Ireland has been subject to compulsory registration in the Land Registry since 2002.

Upon the acquisition of unregistered title property, it is necessary to make an application to the Land Registry for first registration. It is necessary to prove title to the Land Registry according to the principles of unregistered title conveyancing. Accordingly, these principles will still remain irrelevant to the title as registered in the registry, Land Registry.

A deed or conveyance brought to the Registry of Deeds for registration is produced to the registrar together with the memorial. The memorial is to be in the prescribed format. Additional documents may be prescribed.

If the registrar is satisfied with the documents produced, he shall register the deed or conveyance. The deed or conveyance is endorsed with the serial number allocated to it and the date on which the number was allocated. The endorsement on the deed is taken in court as evidence of registration of the deed and the priority accordingly.

A court order that affects registered land may be registered by lodgment in the Registry of Deeds of two copies, one of which is to be a certified copy certified by the court. A certified copy deed is to be treated as a document to be registered. A registration of a judgment may be vacated by lodgment in the Registry of Deeds of a certificate of the appropriate court stating the matters as may be prescribed.

A pending legal action relating to land is not to affect the purchaser of unregistered title land unless they have actual knowledge of that action. Actual knowledge of a pending action can be established if the pending action has been registered in the Registry of Deeds in accordance with the following provisions.

A pending action may be registered by lodgment of two copies of documents stating prescribed matters, certified by the court before whom the action is pending. A registration of the pending action may be canceled by registration of a certificate in the appropriate form stating such matters as may be prescribed. The registration of a pending action ceases to be effective after five years but may be renewed, in which case, it has effect for a further five years.

A bankruptcy petition, whether or not known to affect land, may be registered in the Registry of Deeds by lodging two copies of the prescribed document with prescribed particulars. A certified copy document is treated as a memorial for the purpose of the legislation.

A bankruptcy petition filed shall not affect the purchaser of the unregistered title land who has acted in good faith without knowledge of the petition unless it is registered and before the expiration of 21 days from the date it is registered.

A bankruptcy order, whether or not the bankrupt estate is known to include land, may be registered in the Registry of Deeds by lodging two copies of the order, one of which is certified by the high court, and prescribed documents, one of which is to be certified by the official receiver.

The certified copy of the bankruptcy order and the above document are treated as registrable documents. The title of a trustee in bankruptcy is void as against the purchaser of unregistered title land that has acted in good faith without actual knowledge of the bankruptcy order, claiming under conveyance registered before the expiration of 21 days from the date of the bankruptcy order.

Where a bankruptcy petition has been registered, the title of the trustee shall be void as against the purchaser who has acted in good faith without knowledge of the petition, claiming under a conveyance registered within 21 days of the date of registration of the petition, unless   the bankruptcy order is enforced or 21 days have expired from the date when it has been registered.

Every document that is registered in the Registry of Deeds is good and effectual both in law and in equity according to the time of registration. Priority of time is determined by reference to the serial number allocated, not the actual time of registration, and conveyance affecting land which is not registered is void as against the registered document affecting the land and against the charging order made under the Judgment’s Enforcement NI Order 1981.

Where a person or their agent or solicitor has actual knowledge of a prior document which has not been registered affecting registered land, registration of a subsequent document shall not operate to confer priority or make the prior document void in relation to that subsequent document.

In this context, an agent means a person generally authorized for their principal in relation to dealings of land who is specifically authorized by the principal’s deed and the land subject to the document, and who in either case obtains knowledge of the prior document in the course of the same transaction in respect of which the question of knowledge arises. The above provisions do not apply to a charge under the Family Homes and Domestic Violence NI Order 1998.

The above provision principle of priority does not apply to a lease for years less than 21 years where actual possession goes with the lease.

A certified copy of a memorial is admissible as evidence of the document. A certified copy of the registered document is also proprietary in each case when certified by the registrar.

Serials are allocated in the prescribed manner to every document lodged for registration according to the time and date of lodgment. The serial number of the document which is rejected is canceled, and a new serial number is allocated on re-lodgment. The serial number is to be endorsed on the relevant deed together with the date of registration.

Memorials of registered documents are to be kept in files or books. A series of books known as abstract books are kept containing particulars of all memorials filed.

An index of names is kept. The index lists in alphabetical order all the grantors specified in documents registered in the name of such persons, and other matters as may be prescribed.

All books used are kept in the registry containing transcription memorials, abstracts, and contents of memorials, and the index to memorials is to be public property. The department may, in accordance with public records legislation, direct that the index of lands which was deemed closed on 31 December 1944 be moved to the public records office.

The department may prescribe the forms for applications for registration and the requirements of respective memorials. A document may be refused for registration if it is not written or printed on paper of the prescribed nature and quality.

The registered deed may issue a common research or negative search by an officer. A negative search shall, if incorrect, be evidence of a breach of duty imposed under the Registration of Deeds Act and accordingly may be the subject of compensation.

Everyone may inspect and examine records, indexes, and registers of the Registry of Deeds during prescribed opening hours. The department may prescribe fees in relation to registration, searching, copy documents, etc.

Persons affected by a breach of a duty imposed on the Registry of Deeds may recover damages. Damages may be recovered in the county court where they are less than £10,000.

It is an offense to procure registration of a false or forged document or document with a false signature. Subject to summary conviction to a fine not exceeding level four on the standard scale or imprisonment of one year. It is subject to conviction on indictment to imprisonment for a term not exceeding three years or an unlimited fine, or both.