2. Title to Land

Question 1

The Register of Title

Answer 1

The register of title is the official record of ownership of a piece of registered land and the other interests that are registrable under the LRA 2002

A new edition of the register is prepared whenever a register entry is created or removed

Anyone may apply for official copies of the register (s67 LRA 2002) that are, of course, commonly used in conveyancing

Question 2

Elements of the Register of Title

Answer 2

1. Property register.
   This provides a description of the property, including a statement of estate, namely, whether it is a freehold or leasehold. If leasehold, the statement of estate will also include the date of the registered lease, its term, parties and the start date. Rights of way and all other easements for the benefit of the property can also be detailed in this register. For all properties, reference will also be made to the title plan of the registered property. The title plan shows the location of the property together with adjoining property. The title plan shows general boundaries only unless the exact line of the boundary has been determined (which is rare).
2. Proprietorship register.
   This includes the class of title followed by the name and address of the registered proprietor. Notices and restrictions will appear within this register.
3. Charges register.
   This lists the registered charges affecting the property and these are listed in order of priority. The charges register also includes adverse interests, such as restrictive covenants, to which the property may be subject. Leases that do not comprise overriding interests will also be noted on the charges register of the superior title.

Question 3

Classes of Title

Answer 3

Absolute Title:
- An absolute title is the best class of title available, either freehold or leasehold.
- Almost all freehold titles are registered with absolute title
- The legal estate is vested in the proprietor together with all the interests subsisting for the benefit of the estate, such as easements (s11(3)).
- As far as burdens are concerned, the proprietor takes subject only to the interests set out in s11(4) affecting the estate at the time of first registration.

Possessory Title:
- A possessory title will be given either where the applicant’s title is based on adverse possession or where title cannot be proven because the title deeds have been lost or destroyed
- The LRA 2002 provides that possessory title will be appropriate where the applicant is either in actual possession, or in receipt of rents and profits, and there is no other class of title with which they may be registered

Qualified Title:
- A qualified title is very rare. It will be given where the Registrar considers that the applicant’s title can only be established for a limited period, or subject to certain reservations that are such that the title is not a good holding title
- An example of this might be where the transfer to the applicant was made in breach of trust

Good Leasehold Title:
- A proprietor of a good leasehold title is in the same position as a proprietor of an absolute leasehold title, except that the registration is such that there is no guarantee that the lease has been validly granted
- The Registry will issue this class of title when the superior title—the reversionary title—has not been seen and approved by the Registrar