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 […]
Covenants are obligations which attach to land. In the case of leases, all the covenants and conditions attached to the land are enforceable between the landlord and tenant. In purchases out of the freehold interest, certain types of covenants are deemed to survive and continue notwithstanding purchase out of the ground rent. See farm grants […]
Easements: An easement is a right enjoyed by one piece of land over another land. The most well-known categories of easements are rights of way, rights for the passage of services such as pipes, wires, or drains, and the right to use an area for recreational purposes. Categories of easements are ever-evolving and are not […]
Applications to change the register are by way of dealing. Documents must be properly executed and stamped. The appropriate fee on application should be made. The transfer or other documents should be in the prescribed form or as modified. A transfer has the effect equivalent to a deed of conveyance or assignment. A transfer by […]
Northern Ireland Property Registries There are three principal property registries in Northern Ireland: the Registry of Deeds, the Land Registry, and the Statutory Charges Register. The registration of land has been compulsory in all parts of Northern Ireland since 2003 so that in time, the functions of the Registry of Deeds will wind down, and […]
Northern Ireland has established a Statutory Charges Register similar to that in England and Wales. There is no equivalent in the Republic of Ireland. The Statutory Charges Register Act (NI) 1951 created a central register in respect of different matters, notices, and rights affecting land. The register shows charges resulting from the exercise of powers […]
Northern Ireland property law has the most in common with the pre-2009 property law of the Republic of Ireland. It appears likely that the Law Reform Commission of Northern Ireland’s proposal for the reform of land law will be implemented in the near future. The legislation is broadly similar to the 2009 legislation in the Republic […]
Fee farm grants are almost unique to Ireland. Fee farm grants are freehold leases, effectively leases forever. They are subject to lease covenants and conditions in the same way as leases. They are regulated by the same Landlord and Tenant Amendment Act (Ireland) 1860, which still contains a significant amount of the leasehold law in […]
The rules on co-ownership in Northern Ireland are broadly similar to that in the Republic of Ireland. The principal types of co-ownership are joint tenancy and tenants in common. Joint tenants own land in undivided shares as a single unit. If one dies, the ownership passes automatically to the other. The share cannot be left […]
After 1997, a fee farm grant may not be granted. An agreement to make a fee farm grant operates as an agreement to grant a fee simple subject to any fine or consideration specified in the agreement but free from the fee farm rent so specified and any covenants and other provisions that are connected […]