New Land Certificate
It should not be assumed that a Land Certificate is an exact copy of the folio. A folio contains the relevant registrations relating to a piece of land and the Land Certificate is merely a copy of that folio, which shows the registrations in existence at the time when the Land Certificate was issued, or last reissued, by the Land Registry.
It is important to remember that the information contained in a Land Certificate may be incomplete. In particular, by virtue of Rule 128, all the following matters, which affect the interest of the registered owner, can be registered on a folio without any requirement for the production of the Land Certificate:
- matrimonial charges
- pending actions
- cautions
- inhibitions
- orders made under the Criminal Justice (Confiscation) (NI) Order 1990
- certain insolvency and bankruptcy matters
- orders charging land
- notices of orders charging land
- court orders
- vesting orders
Dematerialisation of Certificates
Following the introduction of Dematerialisation legislation it will no longer be a requirement to lodge a Land Certificate as part of registration documentation, except where the application relates to the registration of a Notice of Deposit.
Since future registrations will, in the vast majority of instances, be made against any newly created folios without the presence of a Land Certificate, such certificate(s) are unlikely to reflect the up to date information held on the folio(s).
It is the Registrar's recommendation that, as an alternative to the purchase of a New Land Certificate, customers should, on notification of completion of registration, consider the purchase of an uncertified copy folio of any newly created title. The fee charged for an uncertified copy will be less than that charged for a New Land Certificate.