Transfer - Non Registered Owners Screen
This screen caters for any of the following non-registered owner types who will be executing the transfer:
- Controller
- Liquidator
- Administrator
- Receiver
- Mortgagee in Possession
- Official Receiver
- Trustee in Bankruptcy
- Personal Representatives
- Trustees under the Settled Land Acts
- Remaindermen
This is not intended to capture details of any Non-Registered Owners joining in the transfer to release an interest in the land, such as owners of Inhibitions or Charges. These are handled in a later transfer screen, Interested Parties.
When all non-registered owners have been created, move on and enter details of the registered owners of the folio(s). If you have added a Mortgagee in Possession on this screen however, further information relating to the registered owners is irrelevant and you will move straight on to enter details of the Transferees.
If you indicate that a Controller, Liquidator, Administrator, Receiver, Personal Representative or Trustee in Bankruptcy is taking part, you must use the Registered Owners screen to select the owner(s) on whose behalf they are acting.
Additional guidance on adding a ‘Mortgagee in Possession’
If a Certificate of Charge has been lost or destroyed and the charge is being released, an application should be made requesting the Registrar to dispense with production of the Certificate of Charge in connection with that release (Rule 130(3)). To add this transaction to your case folder, click the option to ‘Add transaction’ and select 'Amend/Cancel/Release/Withdraw…’ from the first dropdown list, then select ‘Application to dispense with Certificate of Charge’. This transaction will require the addition of Precedent 8A to your application:
PRECEDENT 8.A
APPLICATION TO DISPENSE WITH CERTIFICATE OF CHARGE ON CANCELLATION OF THE CHARGE
LAND REGISTRY
Folio:
County:
Registered Owner:
Registered Owner of Charge:
I, the undersigned .......... a partner/solicitor in the firm of .......... of .......... hereby certify that:
1. I act in this matter for the above-named registered owner of charge (or as the case may be).
2. The charge registered on .......... in favour of .......... has been released and I refer to the release dated .......... lodged herewith.
3. After making all necessary and appropriate enquiries I am satisfied that the Certificate of Charge relating to the said charge has been lost or destroyed.
4. A suitable advertisement has been published in respect of the missing Certificate and the time limit for replies has expired. No information regarding the whereabouts of the Certificate has been received and no objection to this application has been made.
OR
It is neither necessary nor appropriate to advertise in the particular circumstances of the loss or destruction.
5. No-one other than the above-named registered owner of charge is entitled to custody of the Certificate and at the time of its loss or destruction the Certificate was not the subject of any pledge or deposit as security for money and was not held by way of lien.
6. The charge is not the subject of any sub-charge.
7. I undertake to surrender the Certificate to the Land Registry for cancellation if it should ever come into my possession.
8. I request that the Registrar dispense with production of the Certificate in connection with the application lodged herewith for cancellation of the Charge.
Dated:
Signed:
Additional guidance on adding a Receiver or Liquidator
You may be asked if the appointment of the Receiver or Liquidator was made under a Court Order. Where the appointment was not made under a Court Order, you must lodge a Solicitor’s certificate based on the following Precedent:
PRECEDENT
CERTIFICATE RELATING TO A TRANSFER BY A RECEIVER, LIQUIDATOR OR ADMINISTRATOR OF A COMPANY
(This may be amended as appropriate)
LAND REGISTRY
Folio:
County:
Registered Owner:
I the undersigned .......... a partner/solicitor in the firm of .......... of .......... hereby certify as follows:
1. The Receiver/ Liquidator/Administrator named in a Transfer Deed dated … was appointed by virtue of ………. (insert details of the document creating the appointment and attach a certified copy to this certificate)
2. The Receiver/ Liquidator/ Administrator is legally empowered to transfer the land and the said Transfer Deed was validly executed by the Receiver/Liquidator/ Administrator in pursuance of that power and is therefore effective to transfer the land therein described.
Dated:
Signed:
Additional guidance on adding an Official Receiver/ Trustee in Bankruptcy
Vesting of a bankrupt’s estate
The Official Receiver may be registered in place of a bankrupt, in accordance with Rule 157, upon lodgement of:
(i) an official certified copy of the Bankruptcy Order; and
(ii) a certificate along the lines of Precedent 10.B.
A Trustee in Bankruptcy may be registered in place of the bankrupt, or in place of the Official Receiver, on the production of the documents as mentioned above together with evidence of his appointment. Such evidence should be a certified copy of his certificate of appointment or of the Court Order appointing him (Rules 158 and 159)
Anyone seeking to be registered as owner of land which has been disclaimed by the Official Receiver, or by a Trustee in Bankruptcy, should produce a certified copy of any Court Order whereby the land became vested in him. (See Article 293 of the Insolvency (NI) Order 1989).
PRECEDENT 10.B
VESTING IN THE OFFICIAL RECEIVER/TRUSTEE IN BANKRUPTCY
LAND REGISTRY
Folio:
County:
Registered Owner:
I hereby certify that:
(i) the land comprised in the above folio forms part of the estate of AB of ...... the bankrupt named in a Bankruptcy Order dated .......... a certified copy of which is annexed hereto.
(ii) the said land has vested in me as Trustee in Bankruptcy of the estate of the said AB and has not been disclaimed.
Dated:
(To be signed by the Official Receiver/Trustee in Bankruptcy and attested.)
Additional guidance on adding a Remainderman
Transfers by the limited owner and the Remainderman
Although most transfers of settled land are made under the provisions of the Settled Land Acts 1882-90, there are some occasions where this is not possible (for example, if there are no trustees or if the transfer is voluntary). In these cases it is essential that all persons entitled to an interest in remainder (including, for example, anyone entitled to a charge on the remainder) should join in the transfer. The position is governed by Rule 48 and the following documents should be lodged:
(i) the transfer deed;
(ii) the document which created the settlement (unless this is already lodged in the Registry);
(iii) evidence of any dealings with the remainder, or confirmation that there have been no such dealings (Precedent 3.D);
The same formalities are required whether the transfer relates to all or part of the land in a folio.
PRECEDENT 3.D
CERTIFICATE AS TO THE DETERMINATION OF LIMITED OWNERSHIP AS A RESULT OF A TRANSFER BY THE LIMITED OWNER AND REMAINDERMAN
LAND REGISTRY
Folio:
County:
Registered Limited Owner:
I, the undersigned .........., a partner/solicitor in the firm of .......... of .........., hereby certify that:
1. I act for XY of ........ (hereinafter called “the applicant” ) who is entitled to be registered as hereinafter set out.
2. I have examined all documents comprising or affecting the settlement relating to the land in the above folio and I confirm that the transfer to the applicant was made by the limited owner and all persons entitled to interests in remainder in the land comprised in the said settlement.
3. The limited ownership, in so far as it relates to the land comprised in the said transfer, terminated on .......... as a result of the said transfer.
4. I have made all necessary enquiries as to entitlement under the settlement and there have been no dealings affecting the estate in remainder other than the above-mentioned transfer.
5. All material facts have been disclosed and the applicant is now entitled to be registered as full owner of the land comprised in the said transfer subject as appears in the folio.
Dated:
Signed:
Note: Where there have been dealings affecting the remainder, paragraph 4 should be amended and all such dealings should be disclosed.
Transfers by the limited owner to the remainderman
The documents to be lodged are similar to those listed in the paragraph above although the contents of both the transfer and the certificate Precedent 3.F are slightly different. Precedent 3F may be used where the limited ownership determines as a result of (a) a transfer from the limited owner to the remainderman, (b) the death of the limited owner, or (c) a transfer from the remainderman to the limited owner.
PRECEDENT 3.E
TRANSFER TO THE REMAINDERMAN
LAND REGISTRY
Complete LR Form 10 and draft Panels B and E as follows:
Panel B: AB, the above-named limited owner.
Panel E: CD of ......... The said CD is the person entitled to the land in fee simple in remainder expectant upon the determination of the limited ownership of the Transferor.
PRECEDENT 3.F
CERTIFICATE AS TO DETERMINATION OF LIMITED OWNERSHIP
LAND REGISTRY
Folio:
County:
Registered Limited Owner:
I, the undersigned .......... a partner/solicitor in the firm of .......... hereby certify as follows:
1. I act for XY of ........ (“the applicant”) and on his behalf I have investigated fully the title to the land comprised in the above-mentioned folio (“the land”).
2. (Set out the terms of the settlement relating to the land.)
3. (Set out the manner in which the determination of the limited ownership occurred.)
4. All material facts have been disclosed and as a result of the determination of the limited ownership, the applicant is now entitled to be registered as full (or limited) owner of the land subject as appears in the folio. *
5. The interest of the applicant is not subject to any additional burden (except the following:).
6. (If the applicant is to be registered as limited owner, identify the document constituting the settlement and state the names and addresses of the trustees of the settlement.)
Dated:
Signed:
*Note: In the case of a transfer of only part of the land, paragraph 4 of the precedent should be amended to refer to the land comprised in that transfer.
Transfers by the limited owner to the Remainderman and his wife
The formalities are the same as in the paragraph above and the certificate may be in the form of Precedent 3.D. However, it is important to remember that the interests of both the limited owner and the Remainderman must be transferred to the transferees, and it is suggested that the transfer should be on the lines of Precedent 3.G.
PRECEDENT 3.G
TRANSFER TO REMAINDERMAN AND HIS WIFE
Complete LR Form 10 and draft Panels B and E as follows:
Panel B: AB the above-named limited owner and CD of ........, the person entitled to the land in fee simple in remainder expectant upon the determination of the limited ownership of the said AB.
Panel E: The said CD and EF, his wife both of .........