Registration of Deeds and Title Act 2006

Substitution of section 33.

56.— The following section is substituted for section 33 (classes of freehold land which may be registered) of the Act of 1964:

“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 in such form and accompanied by such evidence of title, as may be prescribed.

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

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

(5) The applicant may be registered as owner with a qualified title where—

(a) it appears to the Authority that the title can be established only for a limited period or only subject to certain reservations, and

(b) the Authority, by an entry in the register, excepts from the effect of registration any right—

(i) arising before a specified date,

(ii) arising under a specified instrument, or

(iii) otherwise particularly described in the register.

(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 under this section, the Authority is not satisfied that the grant of the title applied for would be warranted or appropriate, it may, subject to subsection (8), register the applicant as owner with such one of the other titles provided for in this section as it considers would be warranted or appropriate.

(8) Where registration of ownership is not compulsory, the Authority may not—

(a) on an application for registration with an absolute title, register the applicant as owner with a qualified title without the applicant’s consent, or

(b) on an application for registration with a title other than a possessory title, register the applicant as owner with a possessory title without such consent.”.