The Registration (Land and Deeds) (Northern Ireland) Order 1992

Amendment of supplemental provisions relating to defeasance of estates

17.  In section 36 of the 1970 Act (estate passing from registered owner or his personal representatives to another person in certain circumstances: duty of the Registrar, if not satisfied that an application by that other person is made with the concurrence of the registered owner or certain other persons, to give notice of the application):

(a) in subsection (1), after “prescribed” in the second place where it occurs, there shall be inserted “and subject to subsections (2) and (3)”;

(b) for subsection (2) there shall be substituted:

“(2) Where it appears to the Registrar that the application may have been made without the knowledge of the registered owner, the Registrar may, before registering the applicant as owner of the estate, send notice of the application to the registered owner.

(3) The Registrar may, in his discretion, decline to register the applicant as owner except in pursuance of an order of the court.”.