Land Act 2005

Production of certificate in case of transfers.

5.(1) Where land is subject to a land purchase annuity, the Registrar shall refuse to register a dealing which is a transaction to which this section applies unless there is furnished to the Registrar a certificate issued by the Minister certifying that all annuity payments in respect of the land concerned have, up to the date of the certificate, been paid, the date of such certificate being not more than 4 months prior to the date of the instrument effecting the transaction.

(2) A transaction to which this section applies is a transaction relating to an interest in land, which transaction is in the opinion of the Registrar—

(a) a transfer on sale,

(b) a voluntary transfer,

(c) a transmission on death,

(d) an application for registration of ownership under section 49 of the Registration of Title Act 1964 , or

(e) a lease,

of the land concerned.

(3) Subsection (1) shall not apply to a transaction which relates solely to the creation of a joint tenancy between spouses in respect of a family home where the house was immediately prior to such transaction owned by either of the spouses or by both spouses otherwise than as joint tenants.