Property Registries
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 all titles will be registered in the Land Registry.
The Land Registry and the Registry of Deeds are direct counterparts of the equivalent entities in the Republic of Ireland. Both are successors to the pre-1921 Registry of Deeds and Land Register. While the relevant legislation has diverged between the Republic and Northern Ireland, the broad principles have remained the same.
The Statutory Charge Register was established in Northern Ireland in 1951 and has no counterpart in the Republic of Ireland. It is equivalent to the Statutory Charges Register established in England and Wales in 1925.
Registry of Deeds
Once a title has been registered in the Land Registry, all future transfers and dealings with the land must take place through that registry.
The registration of the deeds system is based on the relative priority of deeds. The basic principle is that when an owner of an estate in property conveys or assigns their interest in that property, the first registered deed takes priority over any subsequent deeds, mortgages, or inconsistent instruments. In this way, the transferee or beneficiary of the deed obtains substantial protection.
A lease of land where the lessee is in actual possession, need not be registered, and affects the land irrespective of registrations. The same applies to assignments or transfers of that lease, provided the lessee remains in possession.
The deposit of title deeds does not require registration. However, a note accompanying it, if it contains evidence of the mortgage terms, is registerable.
The basic principle is that the first deed to register obtains priority. Deeds of transfer are valid irrespective of registration. However, the failure to register a lease is vulnerable to second inconsistent deeds, transfers, mortgages, leases, etc., by the same owner.
A deed is registered by enlargement of a memorial in the Registry of Deeds, which contains a summary of the key parts of the deeds. Upon registration, details of the register are certified on the deed.
The Registry of Deeds operates by way of an index of transfer orders. This shows all transfers by a particular person’s name in a particular period.
Without on-register title ownership, it is proved by the production of a chain of deeds, starting with an owner at least 20 years old and moving forward to the current date.
By searching the registers for transfers by each owner from the initial deed, one can gain insight into the history of the title.
The date of registration of the deed by which the chain was transferred can be shown, along with the current registered owner. The chain will include transfers, but also mortgages, leases over 21 years, restrictions, covenants, etc., each of which will need to be explained to prove that they do not currently affect the land.
When a person dies, their assets are passed to their personal representatives. The personal representatives must obtain a grant of probate or letters of administration for their estate. The document that transfers the assets of the deceased persons entitled under the deceased’s will or under the terms of their intestacy must be registered in the Registry of Deeds.
All documents must be stamped prior to allotment in the Registry of Deeds. Since 2003, stamp duty land tax has replaced physical stamping of deeds, and a certificate is produced upon registration.
The deeds in the Register of Deeds are not verified in terms of a registry by the register. The registry simply records the deed.
Certain documents and orders affecting land are registrable. Court orders, such as bankruptcy orders, may be registered when they have an effect on property.
The Land Registry System
As in the Republic of Ireland, land purchase under the Land Purchase Act was compulsory and registrable. Registration is now mandatory for the transfer of ownership throughout the whole of Northern Ireland, since 2003.
The Land Registry guarantees title.
The Title Register consists of a series of folios. Each folio contains two letters and numbers, referring to a map that identifies the property.
A new folio is opened when land is first registered in the Land Registry or when an existing folio is subdivided.
Folios are divided into three parts. The first part contains a description of the land and cross-references with the land registry map. In the case of a lease, it contains lease details.
The second part contains details of the owner. It also includes details of any cautions, interventions, or restrictions affecting the land.
Part three registers notes and burdens affecting the land. This includes any interests less than full ownership, such as leases over 21 years, mortgages, restrictive covenants, easements, etc.
If a lease of more than 21 years is granted concerning registered land, it must be registered in the Land Registry within three months. The Land Registry enters a new leasehold folio and registers it as a burden on the freehold or relevant superior interest freehold.
Once deeds are registered, the Land Registry retains them. Older transfers may become largely irrelevant. However, certain older deeds may contain covenants, including, for example, the lease upon which the title is held. A certified duplicate copy of the relevant document may be obtained from the Land Registry.
First applications for registration must be made, as registration is compulsory.
The Northern Ireland and Properties Services is an agency responsible for registration within Northern Ireland. It is responsible for land registration, mapping, raising, and evaluation. It maintains the Land Registry, Registry of Deeds, and Statutory Charges Register.
Registration is only compulsory for a transfer involving value. It does not apply to mortgages or leases of less than 21 years.
For compulsory acquisitions, an application must be made within three months, or the transfer becomes void. The time limit may be extended by consent of the registry, provided there is good cause.
When registration applies, an application must be furnished, showing the boundaries of the property. An ordnance survey map must be provided, and in cases with complex ordnance survey details, a larger scale plan may be required.
On first registration, the title deeds, search, etc., are a large part of proving ownership to the registry. An alternative basis is an application based on the solicitor certificate, which involves specific conditions.
An application can be made to the Land Registry for first registration based on adverse possession. In this case, evidence must be given of possession, supported by an independent person. Details of adjoining owners and documents are required. The Land Registry will serve notices to verify whether the matter is contested. If it is not contested, they will grant possessory title.
The mortgage of registered land is affected by way of a registered charge. This is equivalent to a mortgage of registered title and incorporates the powers of a mortgagee at law.
The burdens that can be registered against registered land are listed in the Land Registration Act. These include leases over 21 years, judgments, enforcement orders, pending actions, charging orders, easements, profits, covenants, and rights of residence.
Easements are registered as burdens affecting the servient land on the part of the register. An entry can be made on the register relating to the dominant land.
Generally, the Land Registry deals only with legal ownership. Easements, covenants, and other clauses are not entered into the land registry. Beneficiaries of trusts can protect themselves by logging a caution or inhibition.
Certain rights affect registered title without being registered. They are listed in the Fifth Schedule to the Land Registration Act (NI 1970). A buyer of land must inspect properties or make inquiries to ascertain if burdens apply to the land.
Scheduled Five burdens include rights of persons in occupation. A common example is where an owner has a beneficial interest due to making contributions or being a beneficiary under a clause. Such a person’s interest cannot be prejudiced by a transfer by the registered owner.
The rights of persons in the course of acquisition by adverse possession are not buying the land without registration. This quarter may apply to be registered as the owner, as set out above.
Leases under 21 years where occupation goes with the lease and easements created prior to first registration and those arising by long use or implication are registered in the Statutory Charges Register, affecting land without registration.
Different classes of titles exist, and per title is not absolute; certain rights may continue to be enforceable against the land.