Land registration—classes of title
Land registration—classes of title

The following Property guidance note provides comprehensive and up to date legal information covering:

  • Land registration—classes of title
  • Absolute title
  • Good leasehold title
  • Possessory title
  • Qualified title
  • Upgrading the class of title
  • Land charges searches

On first registration of an estate in land, the registrar will decide what class of title can be awarded based on the quality of title that they have found on examination of the title deeds and other evidence lodged at the time of first registration. The class of title awarded is then entered into the proprietorship register.

Both freehold and leasehold estates can be registered with either:

  1. absolute title

  2. qualified title, or

  3. possessory title

Leasehold estates can also be registered with:

  1. good leasehold title

Absolute title

When is absolute title awarded?

Absolute title is awarded if the registrar:

  1. is satisfied that the title to the estate is such that a competent professional adviser would properly advise a willing buyer to accept it, and

  2. in the case of leasehold estates only, approves the landlord’s title to grant the lease

The registrar may disregard the fact that the title appears to be open to objection if they believe that the defect will not cause the holding under the title to be disturbed.

What is the effect of being awarded absolute title?

Absolute title is the best class of title available and the most commonly encountered in practice.

Once an estate is registered with absolute title, it vests in the proprietor together with all interests subsisting for the benefit of the estate and subject to the following interests