Statutory Instrument 1997 No. 1179 (N.I. 8)

The Property (Northern Ireland) Order 1997

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1997 No. 1179 (N.I. 8)

NORTHERN IRELAND

The Property (Northern Ireland) Order 1997

	Made	8th April 1997
	Coming into operation on days to be appointed under Article 1(2)

ARRANGEMENT OF ORDER

PART I
INTRODUCTORY
1. Title and commencement.

2. General interpretation.

3. Interpretation: "ground rent".

4. Interpretation: "dwelling-house".

PART II
GROUND RENTS AND CERTAIN OTHER PAYMENTSThe redemption of ground rents
5. Power of certain rent-payers to redeem ground rent.

6. Compulsory redemption in case of dwelling-house.

7. Exceptions to, or restrictions on, Articles 5 and 6.

8. Initiation of redemption procedure.

9. Procedure where all other interests concur: the counter-notice.

10. Correction of counter-notice where money cannot be paid in accordance with it.

11. Termination of redemption procedure.

12. Recommencement of redemption procedure following termination under Article 11.

13. Exclusion of re-possession of land while redemption is pending.

14. Procedure where a redemption notice cannot be served, all other interests do not concur or payment cannot be made in accordance with counter-notice.

15. The redemption money.

16. Certificate of redemption.
Consequences of redemption
17. Effect of certificate of redemption.

18. Superior tents.

19. Lands in separate occupation subject to single ground rent.

20. Effect of redemption on titles.

21. Disposal of redemption money lodged with the Registrar: claims thereto.

22. Register of redemption moneys.

23. Continuance of rights and equities affecting leasehold estate.

24. Mortgages and leases.

25. Covenants.

26. Enforceability of covenants.
The redemption of certain other periodic payments
27. Application of certain provisions of Order to certain other periodic payments.
Prohibition of transactions giving rise to, or to increases in, ground rents
28. Fee farm grants.

29. Rentcharges.

30. Long leases of dwelling-houses.

31. Avoidance of provisions for increase or review of ground rent.
Supplementary
32. Settled land.

33. Cesser of Act of 1971 as to enlargement of leases to which this Part applies.

PART III
FREEHOLD COVENANTS AND CERTAIN LEASESFreehold covenants
34. Running of freehold covenants.
Leases
35. Enlargement of leasehold estate subject to no rent.

36. Perpetually renewable leases.

37. Leases for lives, etc.

38. Repeal of statutory provisions relating to agricultural tenancies.

PART IV
PROVISIONS SUPPLEMENTARY TO PARTS II AND III
39. Avoidance of certain agreements and powers.

40. Mental patients.

41. Service of documents.

42. Disputes.

43. Offences.

44. Civil remedy for misstatement.

45. Enforcement of covenants.

46. Fees and rules.

47. Application to the Crown.

PART V
MISCELLANEOUS AND GENERALCo-ownership
48. Enforcement of charge on estate of co-owner.

49. Power of court under Partition Acts.

50. Severance of joint tenancy by charge.
Application of Act of 1971 to the National Trust
51. Amendment of Act of 1971 as to National Trust.
Compensation for compulsory acquisition
52. Compensation for compulsory acquisition: land subject to tenancy.
General
53. Amendments and repeals.

SCHEDULES:

Schedule 1 - The redemption money.

Schedule 2 - Consequences of conversion of perpetually renewable leases.

Schedule 3 - Conversion of leases for lives, etc., and of certain agreements for such leases.

Schedule 4 - Amendments.

Schedule 5 - Repeals.

Explanatory Note

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