The Seven Types Of Legal Property Title

There are seven possible kinds of legal title that can be registered for freehold and leasehold property at the Land Registry:

• Absolute title (freehold/leasehold)
• Possessory title (freehold/leasehold)
• Qualified title (freehold/leasehold)
• Good leasehold title (leasehold only)

Absolute Title

Absolute title is the best class of title and the most common. Sometimes it is not possible for absolute title to be granted in cases where there is a defect in title or insufficient evidence making it unsafe for the Land Registry to guarantee the owner absolutely against the risk of another person claiming a right in the land.

The rarest classes of title are possessory and qualified.

Possessory Title

Possessory titles are granted when the owner has acquired the property through adverse possession or when the owner cannot produce documentary evidence of title.

Qualified Title

Qualified titles are only granted when there is a specific defect in the title. The defect will be stated in the register.

Good Leasehold Title

Good leasehold title is granted where insufficient evidence is produced to show that the landlord has full and unrestricted power to grant the lease or if any restrictive covenants affect the property.

Upgrading A Property Title

Where absolute title was not granted upon first registration, it is possible to apply to upgrade the class of title, provided the Land Registry are satisfied that the reason for the inferior class of title has been remedied.

Possessory title can be upgraded to absolute title once the possessory title has been registered for 12 years, uninterrupted. It is usually necessary for the person making the application to provide a sworn Statutory Declaration confirming that no-one has challenged their ownership of the property during the 12 years. Alternatively, additional evidence can be provided, such as a previously missing deed.

Once the application to upgrade the title is made the Land Registry will examine the evidence supplied on a case by case basis and make a decision on whether the title can be upgraded.