Where a person proposes to acquire the fee simple in land or an extension of his leasehold estate under the Act, he must serve a notice in prescribed form on his immediate landlords and every person with superior interests, to them; every mortgagee; and every owner of any encumbrance affecting the land. Where the notice […]
The 2001 Act applies to the acquisition of ground rents on residential property in Northern Ireland. A person paying ground rent has the power to redeem the ground rent on residential property in accordance with the Act. The redemption may be compulsory. There is compulsory redemption of ground rent of a dwelling house or the […]
In 2010, the Northern Ireland Law Reform Commission published a major report on land law, including a Land Law and Ground Rents Reform Bill. This chapter deals with the Law Reform Commission proposals that are likely to become law. After the commencement of the legislation, the ownership of land will have an entirely different basis. The […]
The older methods requiring easements by prescription were proposed to be abolished. In the future, prescription must be based on the below-mentioned ground. Easements from the course of acquisition are preserved. Any easement is acquired automatically by the holder of the land benefit after 20 years in continuous enjoyment. The period need not necessarily be […]
There are provisions in relation to party structures. The NI Law Commission recommended the new statutory rights of adjoining owners in respect of party walls and structures. There is an entitlement on the landowner to carry out works that a party structure is subject to conditions and procedures set out. There are provisions for works required […]
The legislation will modernize contracts, land contracts, and conveyancing practice. A contract for the sale of land must be evidenced in writing. This replicates the existing law. Some document proving key terms of sale must be signed for or on behalf of the person against whom enforcement is to be taken. The equitable principle as […]
Sale of property in Northern Ireland: Two general conditions of sale published by the Law Society of Northern Ireland, 3rd Edition, are generally incorporated into the contract for the sale of property. It is the duty of the seller to disclose to the buyer, before completion, all matters of which they have or ought to […]
Within five working days of the contract, the seller’s solicitor or the seller must deliver copies of title to the property, if not already done, along with the searches and certificates referred to above. These documents should typically be issued with the contract, fulfilling the obligation beforehand. The seller is not required to produce documents […]
The seller cannot compel the purchaser to accept property substantially different from what was agreed upon in the sale, whether in quality, quantity, tenure, or otherwise. If the difference prejudices the buyer or seller and affects their rights, it does not prevent the buyer from repudiating the contract where compensation is unavailable or cannot be […]
Mortgages and Charges A mortgage of unregistered land involves transfer of actual ownership or title to the property, subject to the mortgagor’s right to redeem. The mortgagor’s rights which reflect the fact that the transfer is by way of security, are protected by equitable principles. Most title in Northern Ireland is now registered in the […]