Land agency returning MLA's cottage papers
Registration body reveals transfer application 'incomplete'
Wednesday, 31 October 2007
A government agency has become involved in the controversy over the registered ownership of a Stormont Minister's second home.
Land Registers of Northern Ireland (LRNI) said it received an application
last week to transfer the registration of a north Antrim property from the
name of a developer's wife to MLA Ian Paisley Jnr.
The agency also
stated that the application was "incomplete" and was being sent
back to Mr Paisley's solicitor.
It also underlined the importance
of registration, stressing that legal ownership cannot be transferred
without it.
The property has been Mr Paisley Jnr's north Antrim
constituency address for some three years.
He has faced questions
about it being officially registered in the name of Carol Sweeney, wife of
would-be Giant's Causeway visitor centre developer Seymour Sweeney.
The politician has blamed the situation on "an administrative hiccup in
Land Registry" and stressed that he bought the house at full market
value from Mr Sweeney in 2004.
In a statement yesterday, LRNI said
an application for registration of the property - at 1 Ballyallaght Farm
Cottages, near Bushmills - was hand delivered to it on October 23, 2007.
"This particular application has now been scrutinised and same is
incomplete and will be returned to the lodging solicitor," it said.
The Government body also stated that the application "cannot be processed
due to the fact that all the necessary documents are not attached to the
application".
LRNI is an agency of the Department of Finance,
which is headed by DUP Minister Peter Robinson.
It also stated: "
Legal ownership rests with the person who is registered as owner on the Land
Register.
"This is the only person who is able to legally
deal with the lands - to sell, alter the property, mortgage or charge the
property, carry out any works on same."
And it added: "
Where purchase monies and keys have been exchanged the purchaser will have
an equitable interest in the property, but legal ownership will not pass
until registration has been effected.
"It is crucial that
registration is effected to ensure that any new owner retains priority in
relation to land transfers, to ensure that the Register is accurate and up
to date and that the Government Guarantee of Title relating to the land
rests with the new owner."
In an interview for a BBC Spotlight
documentary broadcast on October 23, Mr Paisley Jnr said: "I am aware
that there is some sort of administrative hiccup in Land Registry.
"
It is legally in my name. I can assure you it is mine. Possession is nine
tenths of the law."
Mr Paisley Jnr told Radio Ulster's Nolan
Show the following day: "I did come on to your programme this morning
and I heard a number of your callers ringing in and saying no surprise at
Land Registry on this one.
"All that I can say to you is I
have done everything above board and legally with my solicitor, and that
those papers I understand are lodged."
Mr Paisley Jnr's wife,
Fiona, also appeared on the Nolan Show last Thursday morning and showed the
presenter documents on the mortgage from their bank.
Mr Sweeney has
reiterated that the house was sold at full market value to Mr Paisley in
October 2004.
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