Registered Land
Registered Land (II): Operation of registered land
- Classes of title: The proprietary register of the land registry tell you the nature of the property+ describe the quality/grade of the title.
Quality of the title: Introduction of the registered land, since most of the land is unregistered, is difficult to find who owns it better.
a) S9, s10 LRA 1925 provided 7 grades of title:
(i) Freehold
• Absolute freehold:
-Does not mean that the title is absolutely free of defects or encumbrances.
-Relatively safe, even there’s a minor defect, it will not affect the quality
a) S11 (4)-(5) LRA 2002: An absolute freehold is free from all encumbrances except:
1. Interests noted on register=Registering the interest
2. Overriding interest
3. Squatter’s rights where proprietor has notice
4. Right of beneficiaries in a trust
• Qualified Freehold: S9(4) LEA 2002: If the registrar is of the opinion that the person’s title to the estate has been established only for a limited period/subject to certain reservations which cannot be disregard
-A qualified freehold essentially informs potential buyer that the land might be encumbered which has yet to be uncovered.
-Upgrading of qualified freehold: Is possible if the registrar is satisfied that the defect/potential defect is no longer of concern
Buying a freehold unregistered land
Trace root of title
Less than 25 years=Qualified Freehold Upgrading More than 25 years=Absolute freehold
• Possessory Freehold: Adversely possess other people’s land
-Rare, occurs generally when land is registered without a title deed & based on evidence of occupation only
-Can arise when title to land is acquired through adverse possession
-Danger of possessory freehold: The risk of someone with a better title might appear
-Upgrading of possessory freehold: Possible, Limitation Act 1980: As long as the possessor is in possession of land, title may be upgraded after 12
- Classes of title: The proprietary register of the land registry tell you the nature of the property+ describe the quality/grade of the title.
Quality of the title: Introduction of the registered land, since most of the land is unregistered, is difficult to find who owns it better.
a) S9, s10 LRA 1925 provided 7 grades of title:
(i) Freehold
• Absolute freehold:
-Does not mean that the title is absolutely free of defects or encumbrances.
-Relatively safe, even there’s a minor defect, it will not affect the quality
a) S11 (4)-(5) LRA 2002: An absolute freehold is free from all encumbrances except:
1. Interests noted on register=Registering the interest
2. Overriding interest
3. Squatter’s rights where proprietor has notice
4. Right of beneficiaries in a trust
• Qualified Freehold: S9(4) LEA 2002: If the registrar is of the opinion that the person’s title to the estate has been established only for a limited period/subject to certain reservations which cannot be disregard
-A qualified freehold essentially informs potential buyer that the land might be encumbered which has yet to be uncovered.
-Upgrading of qualified freehold: Is possible if the registrar is satisfied that the defect/potential defect is no longer of concern
Buying a freehold unregistered land
Trace root of title
Less than 25 years=Qualified Freehold Upgrading More than 25 years=Absolute freehold
• Possessory Freehold: Adversely possess other people’s land
-Rare, occurs generally when land is registered without a title deed & based on evidence of occupation only
-Can arise when title to land is acquired through adverse possession
-Danger of possessory freehold: The risk of someone with a better title might appear
-Upgrading of possessory freehold: Possible, Limitation Act 1980: As long as the possessor is in possession of land, title may be upgraded after 12