Notice of a proceeding which may involve the confiscation

1. Does your national system admit such restriction?

This land register system envisages this kind of notice or includes the possibility of registering a notice as such.

This registration is referred to as a Lis Pendens or Pending Action.

It may also be possible to register an Inhibition on title where a prima facie “interest in the land” can be shown by the applicant.

2. In your system, once registered this restriction, does it block or freeze subsequent registrations (mostly the ones promoted by the owner of the property) until being removed?

An inhibition may require service of notice on an inhibitor or consent of an inhibitor to proceed with any dealing.

3. In your system, in principle, will the registration of this restriction be temporary (under a deadline) or indefinitely (it will be in force until being removed)?

In this system the duration of the registration of this restriction will be indefinite (until removed or deleted).

An owner may apply to have an Inhibition withdrawn from the title. If the inhibitor objects the Registrar will decide if it is appropriate to maintain the inhibition.

4. Indicate the national legal sources about this judicial restriction

Land Registration Act (Northern Ireland) 1970 – section 67

http://www.legislation.gov.uk/apni/1970/18/contents

5. Please, give us an idea about the characteristics of the registration of this restriction in your system

An affidavit will be lodged setting out the claimed interest in land and under the Land Registration Rules (NI) SR (NI) 1994

108. – (1) Where the Registrar is satisfied, on the facts disclosed in an application under rule 107 or in any document produced in support of such an application, that the applicant is prima facie entitled to the entry on the register of an inhibition he shall send notice of an intention to make the entry to the Registered Owner.

A typical note on title would state:

• All dealings with the land herein as is described in the document and is now shown [<> Enter description as it appears in the Registry map] for identification purposes on the Registry map (save and except dealings overriding the registered ownership) are inhibited [<> unless consented to by/until notice has been given to] [< > Enter name and address as determined by document]

OR

• All dealings with the land herein (save and except dealings overriding the registered ownership) are inhibited [< > unless consented to by/until notice has been given to] [< > Enter name and address as determined by document]