Textual Amendments applied to the whole legislation
Where the title to be registered is a title to a freehold estate in land—
(a)any estate owner holding an estate in fee simple (including a tenant for life, statutory owner, personal representative, or trustee for sale) whether subject or not to incumbrances; or
(b)any other person (not being a mortgagee where there is a subsisting right of redemption or a person who has merely contracted to buy land) who is entitled to require a legal estate in fee simple whether subject or not to incumbrances, to be vested in him;
may apply to the registrar to be registered in respect of such estate, or, in the case of a person not in a fiduciary position, to have registered in his stead any nominee, as proprietor with an absolute title or with a possessory title:
Provided that—
(i)Where an absolute title is required the applicant or his nominee shall not be registered as proprietor until and unless the title is approved by the registrar;
(ii)Where a possessory title is required the applicant or his nominee may be registered as proprietor on giving such evidence of title and serving such notices, if any, as may for the time being be prescribed;
(iii)If, on an application for registration with possessory title, the registrar is satisfied as to the title to the freehold estate, he may register it as absolute, whether the applicant consents to such registration or not, but in that case no higher fee shall be charged than would have been charged for registration with possessory title.
Modifications etc. (not altering text)
C1S. 4 restricted by Land Registration Act 1966 (c. 39, SIF 98:2), s. 1(2)
Where the registered land is a freehold estate, the registration of any person as first proprietor thereof with an absolute title shall vest in the person so registered an estate in fee simple in possession in the land, together with all rights, privileges, and appurtenances belonging or appurtenant thereto, subject to the following rights and interests, that is to say,—
(a)Subject to the incumbrances, and other entries, if any, appearing on the register; and
(b)Unless the contrary is expressed on the register, subject to such overriding interests, if any, as affect the registered land; and
(c)Where the first proprietor is not entitled for his own benefit to the registered land subject, as between himself and the persons entitled to minor interests, to any minor interests of such persons of which he has notice,
but free from all other estates and interests whatsoever, including estates and interests of His Majesty.
Where the registered land is a freehold estate, the registration of any person as first proprietor thereof with a possessory title only shall not affect or prejudice the enforcement of any estate, right or interest adverse to or in derogation of the title of the first proprietor, and subsisting or capable of arising at the time of registration of that proprietor; but save as aforesaid, shall have the same effect as registration of a person with an absolute title.
(1)Where an absolute title is required, and on the examination of the title it appears to the registrar that the title can be established only for a limited period, or only subject to certain reservations, the registrar may, on the application of the party applying to be registered, by an entry made in the register, except from the effect of registration any estate, right, or interest—
(a)arising before a specified date, or
(b)arising under a specified instrument or otherwise particularly described in the register,
and a title registered subject to such excepted estate, right, or interest shall be called a qualified title.
(2)Where the registered land is a freehold estate, the registration of a person as first proprietor thereof with a qualified title shall have the same effect as the registration of such person with an absolute title, save that registration with a qualified title shall not affect or prejudice the enforcement of any estate, right or interest appearing by the register to be excepted.