6. Registration of a Vesting Order with Land and Property Services
This Article explains the required registration action at Land and Property Services, depending on the type of Land you want to Register. These vary between parcels of land which comprise: Unregistered Land only, Registered Land only, and both Registered and Unregistered Land.
Vesting Orders: Registered and Unregistered Land
On the operative date of vesting (ODV), the successful Applicant will endorse the front cover of the Vesting Order (VO) with the date on which it becomes operative. Registration action will depend on whether the vested land is registered, or unregistered, or a combination of plots of both registered and unregistered land.
Unregistered Land
Where the Vesting Order comprises any unregistered land, the Licence Holder must firstly lodge the VO for registration at Registry of Deeds, with the following:
- a memorial to the Registry of Deeds in respect of the unregistered lands only listing the persons with an estate in the land against which the VO will be registered.
- Registry of Deeds Form 2
- The relevant registration fee for a memorial
- The VO will be registered against each listed party and returned by Registry of Deeds with a memorial reference number.
An application must then be made for first registration of the unregistered land at the Land Registry.
The application for first registration at Land Registry is made either by the Licence Holder’s affidavit (currently precedent 3E in Moir on Land Registration 2011), or on Form 1 by the Licence Holder’s solicitor.
The application should be accompanied by a letter stating:
- the date of publication of the notice of making; and
- requesting that the lands be registered to the Licence Holder.
- form 100A and relevant Land Registry fee must be included
Registered land
An application in Form 100A must be made for registration of the VO against all relevant folios. The folios must all be listed within the Form 100A and include the appropriate Land Registry fee per folio.
An accompanying letter in the manner above must be included.
NOTE 1: Where a VO comprises unregistered and registered lands then the application for first registration (after the Registry of Deeds process is completed) and the registration against the folios may be made on the same Form 100A
Resulting folios and maps should be examined to ensure no error has occurred at registration.
NOTE 2: The operative date of vesting for registered land will be the later of:
The date endorsed, or, the date lodged at Land Registry.
Account should be taken of the relevant dates.
The effect of this would mean that the department/authority may need to be aware of and deal thereafter with 2 different ODVs when having valuations done and in calculating statutory interest.
Vested parcels of land comprising both registered and unregistered land: simultaneous lodgement
Simultaneous Lodgement means that applications are made to Register Of Deeds ROD) and Land Registry (LR) and lodged (hand delivered) to ROD and LR on the ODV, in separate envelopes addressed appropriately, and each containing a GL4 fee requisition form (or fee payment if vesting is for another body/authority). Failure to enclose the fee will result in the application being rejected and so jeopardise the ODV for registered land.
GL4 fee requisition forms may be requested from Land & Property Services.
A counterpart (duplicate) Vesting Order should be enclosed with the ROD application, and the original Vesting Order enclosed with the LR application. Therefore, when making a VO comprising both registered and unregistered land a counterpart should be sealed and signed at the same time.
In a situation where applications are not delivered on the ODV, but days or weeks later, then the Applicant must be cognisant of the fact that there will be different ODVs as between the registered and unregistered land therein. (NB: the ODV for unregistered land will always be the date endorsed regardless of when first registration completes).
If ODVs need to be checked a copy of the stamped Form 100A can be requested from LR. (DSO advised DfE that this would be provided without charge when required in connection with confirming an ODV.)
Where vesting orders comprise large areas of land for which electronic ‘shape files’ are available, LR should be advised in covering correspondence so that these may be requested for accuracy purposes.
Applications for registration of vesting orders should not be withdrawn for amendment as this can cause an application to be abandoned. If an application requires some amendment a request should be made for it to be ‘returned for amendment’.
LR advised that where vesting orders are complex departments/authorities should contact its office in advance to give notice of upcoming lodgement.
Initial correspondence about lodgement of unusual or complex cases can be made to:
Land & Property Services
Land Registration
Lanyon Plaza
7 Lanyon Place
Town Parks
Belfast
BT1 3LP
Or by email to: