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 [F1trustee of land]) 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.
Textual Amendments
F1Words in s. 4 substituted (1.1.1997) by 1996 c. 47, s. 25(1), Sch. 3 para. 5(3) (with s. 24(2), 25(4)); S.I. 1996/2974, art.2
Modifications etc. (not altering text)
C1S. 4 restricted by Land Registration Act 1966 (c. 39, SIF 98:2), s. 1(2)