County Courts (Northern Ireland) Order 1980

Actions for Recovery of, or involving title to, Land N.I.

Actions for recovery of, or involving title to, land N.I.

12.— [F1 (1) A county court shall, subject to paragraphs (1A) to (4) have jurisdiction to hear and determine any action—

(a) for recovery of land; or

(b) in which the title to any land comes in question;

if either of the following sub-paragraphs applies—

(i) the net annual value of the land does not exceed £4,060; or

(ii) the capital value of the land does not exceed £400,000.

(1A) Where land has a net annual value and a capital value, both conditions in sub-paragraphs (i) and (ii) of paragraph (1) must be satisfied.]

(2) An action for the recovery of land for non-payment of rent (not being an action for overholding) shall not be commenced unless at least one year's rent of the land sought to be recovered remains unpaid immediately before such commencement.

(3) A county court shall have jurisdiction to hear and determine an action for the recovery of any land (irrespective of the amount of the [F2 its net annual value or its capital value]) where—

(a) at least six months' rent of that land remains unpaid; and

(b) the tenant has deserted or otherwise abandoned the land leaving any premises thereon unoccupied or the land not farmed in accordance with the rules of good husbandry.

(4) A county court shall have jurisdiction to hear and determine an action by or on behalf of the owner of any land (irrespective of the amount of the [F2 its net annual value or its capital value]) where—

(a) any person has, by or on behalf of such owner, been put into possession or occupation thereof by permission or as a servant or caretaker or as a tenant strictly at will or on sufferance; and

(b) that person (or any other person claiming through or under him) neglects or refuses to quit and deliver up possession on demand made by or on behalf of such owner;

but this paragraph shall not prejudice or affect any other remedy available to such owner.

F1 Art. 12(1)(1A) substituted (1.4.2007) by Rates (Consequential Provisions) Order (Northern Ireland) 2007 (S.R. 2007/192), art. 2(1), Sch. 1 para. 4(c)

F2 Words in art. 12(3)(4) substituted (1.4.2007) by Rates (Consequential Provisions) Order (Northern Ireland) 2007 (S.R. 2007/192), art. 2(1), Sch. 1 para. 4(d)