Encumbrances (Section C)

  1. LR information on mortgages

    1.1. With respect to the mortgage liability, the Northern Irish mortgage system prepares in general two options:

    a) Information about sums of money guaranteed by mortgage is not provided by the extracts. [E.g. The loan is 100,000 € but LR extracts will not inform any figures, or at most will inform the fact that the property is encumbered by a mortgage].

    1.2. Regular LR information in this system also comprises ordinarily:

    1. Name of the mortgagee or creditor
    2. Name of the mortgagor or debtor
    3. Deed whereby mortgage was constituted or awarded

    However, there should not be expected any information about contract or basis of obligation guaranteed by a mortgage, deadline of the loan or credit or other contract which is basis of the mortgage or deadline of the mortgage.

    1.3. With respect to the mortgage rank (preference of the mortgage in comparison with other mortgages or encumbrances), this LR system has the following criteria:

    1. Mortgage rank depends on date of registration of the mortgage, so whoever may ascertain mortgage rank taking into consideration the information on the date of registration of the mortgage.
    2. Information indicates specifically what the mortgage rank is, as a general rule.
    3. Information may indicate mortgage rank upon request of the interested parties.
    4. Information may indicate mortgage rank upon request of the courts.

3. Information on judicial restrictions included in Section “C”

This information includes LR entries or notices related to restrictions decreed by judicial orders which mean either a claim on the property, or a challenge on the registered title, or an attachment of the property to debts as a result of judicial procedures, etc.

In this system:

  • Information on judicial restrictions or charges forms part of the regular land register extracts.

  • Information on judicial restrictions is out of the scope of the regular land register extracts. Other registers or archives would have to be consulted to know if a property is affected by judicial restrictions.

4. Information about other restrictions

LR information does not include orders of attachment or seizure from administrative authorities.

Fiscal burdens (tax liabilities falling on the properties and entered in the Land Register) are registered as a burden if judgement obtained from Court.

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