Legal effects of Registration

A) Internal effects: effects to the right itself and the entitlement

a) Registration and the process of transfer/acquisition of property rights

 

Constitutive vs. declarative

The Northern Ireland Registry provides a State Guarantee of Title and the process is constitutive.

Compulsory vs. voluntary

It is compulsory to register ownership/rights if the lands are already registered.  In relation to unregistered lands it is compulsory to register when monies pass hands.  A citizen may also make a voluntary registration of their unregistered title.

b) Effects to legitimize the owner

Legal presumptions. Registration as evidence of the right

Rights are registered if detailed in a legal deed and registration is evidence of the right.  On first registration of unregistered land a citizen is entitled to claim a right and this is detailed on the Register as claimer appurtenant right as is not evidence of the right.

Effects of registration and possession: adverse possession

Citizens with an adverse possessory title will be registered with a possessory title.  This can be reclassified to absolute title once 12 years has passed.

Remedies and procedural actions derived from registration: actions derived from registration.

Compensation may be claimed by a citizen if they suffer a loss due to a Land Registry error.

 

B) External effects: effects to third parties

Negative effect: opposing effect of registered rights against non registered rights.

Certain burdens affect registered land even though they do not appear on the Title Register, eg, occupational leases over 21 years.

Positive effect. Indefeasibility principle. Bona fides effect. Requirements

 

Any Land Registry entry may be made void by Court Order

 

C) Different kinds of registration and its effects:

a) Class of title

Absolute Title, Good Fee Farm, Grant Title, Good Leasehold Title, Qualified Title, Possessory Title.

The first three classes are regarded as superior title and the last two classes are regarded as inferior title

b) Type of entry        

As above

c) First registration limitations

Certain limitations exist where deeds cannot be produced on first registration.  A qualified title will be awarded.

d) Type of information: physical data/ legal data, associated data…     

Applications may be submitted by e-submission but paper applications must follow.