Order for Production of Land Certificate (Rule 129)
The application, which should be lodged at the same time as the relevant dealing, must identify the person who is believed to have custody of the Certificate (see Precedent 1.D). The Registry will serve a notice on that person requesting production of the Certificate and, if there is no response to that request, an Order for Production will be made. This Order will be sent to the person who lodged the application, for service on the person having custody of the Certificate. If the Order is not complied with, the applicant may, upon lodgement of proof of service, request the Registrar to issue a Certificate of Disobedience. Alternatively, the applicant may request the Registrar to dispense with production of the Land Certificate (see Precedent 1.E).
PRECEDENT 1.D
APPLICATION FOR AN ORDER FOR PRODUCTION OF A LAND CERTIFICATE
LAND REGISTRY
Folio:
County:
Registered Owner:
1. I, AB of .......... am (the solicitor for CD) the applicant for registration in the above-mentioned folio of the dealing specified in the Schedule hereto.
2. The Land Certificate, the production of which in the Registry is required for the purpose of the registration applied for, is in the custody of (insert name and address of person who has such custody and, if appropriate, the mortgage account number).
3. I hereby apply to the Registrar to make an order pursuant to Rule 129 of the Land Registration Rules (NI) 1994, for the production of the Certificate by the said .......... for the purposes of the above-mentioned registration.
Dated:
Signed:
(When signed by the applicant his signature must be attested)
SCHEDULE
The Land Certificate is required for registration of (set out details of the dealing or dealings for the registration of which the Certificate is required).
PRECEDENT 1.E
APPLICATION TO DISPENSE WITH THE PRODUCTION OF A LAND CERTIFICATE FOLLOWING AN ORDER FOR PRODUCTION
LAND REGISTRY
Folio:
County:
Registered Owner:
Applicant:
I, the undersigned........... a partner/solicitor in the firm of ......... hereby certify as follows:
1. I act for the above-named applicant.
2. The applicant has applied to the Land Registry to (set out the nature of dealing)
3. The applicant has applied for the production of the Land Certificate of the above folio to facilitate registration of the dealing referred to in paragraph 2.
4. An Order for Production issued by the Land Registry was served on (state name and address) by (method of service) on (date of service).
5. I am informed that the Land Certificate has not been produced to the Registry in compliance with said Order.
6. I request that the Registrar dispense with production of the said Land Certificate in connection with the dealing referred to in paragraph 2.
Dated:
Signed: