Charging Order Debtors Interest (Notice of Order Charging Land)
Where an Order Charging Land is made against a debtor who is entitled to an estate in land but is not a registered owner, an application may be made for registration of a Notice of Order Charging Land pursuant to Article 48 of the Judgements Enforcement (NI) Order 1981. The application, in LR Form 38 (Precedent 8.D), should be accompanied by (i) an official copy of the charging order, certified by the Enforcement of Judgements Office, (ii) where the debtor is a company, two copies of the LR Form 38 application certified by the applicant or his solicitor.
Where the debtor is a lessee under a lease created out of registered land after 1 October 1992, and the relevant leasehold folio has not yet been opened, a Notice of an Order Charging Land may be registered against the parent folio in accordance with Rule 88(3). The formalities are similar to those stated in paragraph 8.12, except that the application should be made in LR Form 39 (Precedent 8.E).
PRECEDENT 8.D
LR FORM 38 - NOTICE UNDER ARTICLE 48
LAND REGISTRY
Folio:
County:
Registered Owner:
To the Registrar of Titles:
TAKE NOTICE that the Enforcement of Judgements Office made on .......... 20.. an Order Charging Land, a certified copy of which is lodged herewith.
The land the subject of the Order is the same as the land comprised in the above-mentioned folio.
AND FURTHER TAKE NOTICE that I, XY, the creditor named in the Order, pursuant to the power in that behalf conferred upon me by Article 48 of the Judgements Enforcement (Northern Ireland) Order 1981 require that notice of the Order be entered on the said folio.
Dated:
(To be signed by the creditor and attested.)
PRECEDENT 8.E
LR FORM 39 - NOTICE UNDER RULE 88(3)
LAND REGISTRY
Folio: 1234 (PART)
County:
Registered Owner: AB
Lessee: CD
To the Registrar of Titles:
TAKE NOTICE THAT:
- The Enforcement of Judgements Office made on .......... 20.. an Order Charging Land (“the Order”), a certified copy of which is lodged herewith.
- The land the subject of the Order is that part of the land comprised in the above-mentioned folio shown on the map annexed hereto and thereon coloured ..........
- The said land is the subject of a lease made on .......... 20.. by which AB, the above-named registered owner, leased the land to CD for a term exceeding 21 years. The title to the leasehold estate has not yet been registered.
- The Order charged the estate or interest of the said CD in the land with the payment of the money specified therein.
- I, XY, the creditor named in the Order, require that notice of the Order be entered on the said folio pursuant to paragraph 4 of Part IV of Schedule 2 to the Land Registration Act (Northern Ireland) 1970.
Dated:
(To be signed by the creditor and attested.)