Registration of Title Act, 1964

Freehold Land

Classes of title which may be registered.

33.—(1) On registration of the ownership of unregistered freehold land, a person may be registered with an absolute title, a qualified title or a possessory title.

(2) An application for registration may be made by such person, and shall be made in such form and be accompanied by such evidence of title, as may be prescribed.

(3) The application shall be made for registration with an absolute title or with a possessory title.

(4) The applicant shall be registered as owner with an absolute title where the title is approved by the Registrar.

(5) If, on an application for registration with an absolute 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, by an entry made in the register, except from the effect of registration any right—

(a) arising before a specified date, or

(b) arising under a specified instrument, or

(c) otherwise particularly described in the register,

and the title registered subject to any such exception shall be called a qualified title. Where the registration of ownership is not compulsory the Registrar shall not exercise his powers under this subsection without the consent of the applicant.

(6) The applicant may be registered as owner with a possessory title on giving such evidence of title as may be prescribed.

(7) If, on an application for registration with an absolute title, the Registrar is not satisfied that either an absolute or a qualified title would be warranted, he may register the applicant as owner with a possessory title. Where the registration of the ownership is not compulsory, the Registrar shall not exercise his powers under this subsection without the consent of the applicant.

(8) If, on an application for registration with a possessory title, the Registrar is satisfied that an absolute or qualified title would be warranted, he may register the applicant as owner with such a title, whether the applicant consents or not.