Notice of a property affected by an insolvency proceeding
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.
If a petition is presented in relation to bankruptcy a notice of may be entered on the title register.
If a bankruptcy order is made an application can be made to enter an inhibition («a bankruptcy inhibition») against the title of the registered owner of the land
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?
From and after the entry of a bankruptcy inhibition (but without prejudice to dealings with or in right of interests having priority over the estate of the bankrupt owner), no dealing affecting the land of the registered owner, other than the registration of the trustee in bankruptcy, shall be entered on the title register until the inhibition is cancelled as to the whole or part of the land dealt with.
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).
4. Indicate the national legal sources about this judicial restriction
Land Registration Act (NI) 1970 Section 67A
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
- In accordance with the Land Registration Rules (Northern Ireland) 1994
- Rule 155. – (1) The notice of a bankruptcy order to be given by the official receiver or the trustee in bankruptcy to the Registrar under section 67A(3) of the 1970 Act shall be in Form 78.
- (2) A bankruptcy inhibition shall be entered on the title register in the following form-
- «Bankruptcy inhibition in pursuance of a bankruptcy order against ……… (insert name, address and description of bankrupt) made by the High Court (Record No…). Dealings with the land herein are inhibited as provided in section 67A(5) of the Land Registration Act (Northern Ireland) 1970. «.
- (3) Notice of any such entry shall be sent to the registered owner of the estate affected by the bankruptcy inhibition.
