First Registration - Schedule of Burdens
Burdens already created
- Any Burdens relating to Root of Title or Deed of Acquisition documents are added on those screens. These will be listed in a table at the top of this screen, along with any Lease to Participants.
- You can view the full text for any burdens already added (or added on this screen) by clicking ‘View PDF’ and checking Panel 8 of the draft Form 1/LD1.
- The Schedule of Burdens screen may now display a number of Burdens which are created by responses you have given on previous screens. Such Burdens may include:
| Burden type | Created |
|---|---|
| Yearly Rent: ‘The yearly rent contained in the <document type you select> dated <date you enter> between <party name you enter> and <party name you enter> If the Yearly Rent is indemnified, the following text is appended: ‘being indemnified by the <indemnification document type you select> dated <date you enter> between <party name you enter> and <party name you enter> |
AUTOMATICALLY added on the ‘Titles Sought’ screen, when a Leasehold Estate is selected. If the Yearly Rent is Indemnified, Indemnification details will have been recorded on the ‘Titles Sought’ screen, and these will appear in the Burden text on the Form. |
| Yearly Rent and Covenants: ‘The yearly rent and covenants contained in the <document type you select> dated <date you enter> between <party name you enter> and <party name you enter> If the Yearly Rent is indemnified, the following text is appended: ‘being indemnified by the <indemnification document type you select> dated <date you enter> between <party name you enter> and <party name you enter> |
AUTOMATICALLY added on the ‘Titles Sought’ screen, when a Freehold Estate held under a Fee Farm Grant is selected. If the Yearly Rent is Indemnified, Indemnification details will have been recorded on the ‘Titles Sought’ screen, and these will appear in the Burden text on the Form. |
| Covenants: ‘The covenants contained in the <document type you select> dated <date you enter> between <party name you enter> and <party name you enter>’ |
MAY be added on the ‘Titles Sought’ screen, when a Freehold Estate NOT held under a Fee Farm Grant is selected. |
| Covenant: ‘Such rights as may still subsist under Section 16 (2) of the Ground Rents Act (Northern Ireland) 2001’ |
AUTOMATICALLY added on the ‘Titles Sought’ screen, when a Ground Rent Redemption Certificate is being supplied. |
| Discount Charge: ‘Discount Charge in favour of Northern Ireland Housing Executive contained in <document type you select> dated <date you enter> between <party name you enter> and <party name you enter>’ |
MAY be added on the ‘Deeds of Acquisition’ screen, when the applicant purchased the land from the Northern Ireland Housing Executive. |
| Buy Back Charge: ‘Option to Purchase Charge in favour of Northern Ireland Housing Executive contained in <document type you select> dated <date you enter> between <party name you enter> and <party name you enter>’ |
MAY be added on the ‘Deeds of Acquisition’ screen, when the applicant purchased the land from the Northern Ireland Housing Executive. |
| Lease to a Participant: ‘All of the land is subject to a lease dated <date you enter> between NORTHERN IRELAND CO-OWNERSHIP HOUSING ASSOCIATION LIMITED and <party name you enter> for <number of years you enter>’ |
MAY be added on the ‘Lease to a Participant’ screen, when the applicant is the Northern Ireland Co-ownership Housing Association Limited. |
- Where Burdens have been created by your responses on previous screens, it is not possible to Edit or Delete those Burdens on this screen. They are shown on this screen solely to allow you to change the order in which they will be registered on the folio.
- Where more than one Burden appears in the list, you may change the order in which they appear on the Form 1/LD1, by using the buttons.
Adding Burdens
- You may also choose to add further Burdens on this screen, via the option. Burdens added on this screen will appear in the list with ‘Edit’ and ‘Delete’ options.
- Note that since Easements affect land without registration, (see Schedule 5 of the Land Registration (NI ) Act 1970 ) they must not be included in the Schedule of Burdens.
- Where a Charge Deed is being supplied, answering 'Yes' for 'Do you wish to receive a certificate on completion of registration?' will add an additional copy of the Charge Deed to the list of required document that must accompany your submitted application. A 'Certificate of Charge' transaction will also appear in your list of transactions shown on the Case Folder Details screen.
- Where a Charge Deed is being supplied, answering 'Yes' for 'Does the charge deed contain an inhibition to be registered (an extra fee will be payable)?' will add an 'Inhibition' transaction to your list of transactions shown on the Case Folder Details screen.
- Where the application relates to 2 or more properties, and a charge/burden only relates to a single property, that property must be uniquely identified on the application map. Failure to uniquely identify the land the subject of the charge/burden will result in the charge/burden being register against ALL properties.
- If the charge/burden is not over all of the land, you will be asked how the charge/burden is shown on the application map. This is a free text field.
- Enter only how the land the subject of the charge/burden is shown on the application Map. E.g. “edged red, Coloured blue etc DO NOT enter a full description e.g “A plot of ground etc.”
- Ensure that any colouring or edging does not conflict with any colouring or edging already shown on the map. Please ensure that the land the subject of the charge/burden is shown clearly on the application map. Avoid the use of thick lines to delineate the property.