County Court Rules (Northern Ireland) 1981

Sale of land

16.—(1) Where any land is ordered to be sold, the order shall direct who is to have the conduct of the sale, where the sale is to be held and by whom the conditions and contracts of sale and the abstract of title, if any such are necessary, is to be prepared.

(2) Where any land is ordered to be sold, any party bound by the order and in possession of the estate, or in receipt of the rents or profits thereof, shall be compelled to deliver up possession or receipt to the purchaser, or such other person as may be named in the order.

(3) Unless otherwise ordered, where an order is made directing any land to be sold—

(a) the land shall be sold with the approval of the judge or subject to a reserved price fixed by the court at the best price that can be got;

(b) all such parties as the judge directs shall join in the sale and conveyance and, where any party refuses or neglects to sign any necessary document, the judge may make an order vesting the land or authorising a specified person to sign such document on behalf of the party so refusing or neglecting; and

(c) the person authorised by the conditions of sale to receive the purchaser's deposit shall forthwith upon the privity of the Accountant General lodge the amount of such deposit in accordance with Court Funds Rules and when the sale is complete the balance of the purchase money shall be lodged in like manner.

(4) A sale retained within the court shall be conducted in accordance with this Rule and Rule 18 and Order 34.