Reclassification of Title
Introduction
The title to a holding of land may be (i) Absolute, (ii) Good Fee Farm Grant, (iii) Good Leasehold, (iv) Possessory, (v) Deemed Possessory (formerly referred to as being subject to equities) or (vi) Qualified. Rules 53 to 56 specify the methods by which different classes of title may be reclassified, and these are considered briefly below.
Reclassification of a title registered “subject to equities”
A title which is registered subject to an equity note (or which is described as “Deemed Possessory”) may be reclassified under Rule 53 on foot of a solicitor’s certificate based on the following precedent.
PRECEDENT 13.A
RECLASSIFICATION OF A DEEMED POSSESSORY TITLE
LAND REGISTRY
Folio:
County:
Registered Owner:
I, the undersigned .......... a partner/solicitor in the firm of .......... hereby certify as follows:
1. During the last twelve years the registered owner and the predecessors in title of the registered owner have been in sole and undisputed beneficial occupation and possession of the lands in the above-mentioned folio as owner in fee simple, as in the said folio appears.
2. I have investigated the title to the said land and:
(a) I am not aware of any mortgage, charge, lease, lien, agreement, restrictive covenant, right of residence, or other encumbrance or any trust created before first registration and now affecting the said lands or any part thereof except as now appears in the said folio.
(b) I am not aware of any question or doubt, or of any deed, will, settlement, or other document affecting the title to the said lands, or any part thereof, or of any matter whereby the title is, or may be, impeached or affected in any manner whatsoever and all material facts have been disclosed to the Registrar.
3. I apply that the title in the above-mentioned folio be reclassified as an absolute title.
Dated:
Signed:
Reclassification of certain qualified titles registered prior to 1 October 1977
Where property held under a Fee Farm Grant, or a Lease, was registered with a Qualified title prior to the commencement of the Act in 1977, the title may be reclassified, under Rule 55, as Good Fee Farm Grant, or Good Leasehold, upon the lodgement of an application in LR Form 26.
PRECEDENT 13.B
LR FORM 26 - RECLASSIFICATION UNDER RULE 55
LAND REGISTRY
Folio:
County:
Registered Owner:
1. I, AB of ...... the above-named registered owner (or, as solicitor for the above-named registered owner), hereby apply that the title in the above-mentioned folio be reclassified as a Good Fee Farm Grant (or, a Good Leasehold) title.
2. The land in the above-mentioned folio is held under the fee farm grant (or, lease) referred to in the said folio and, at first registration on (insert date), registration was made with a Qualified title which did not affect or prejudice the enforcement of (state, verbatim, the qualification in the folio).
3. I refer to the application for such first registration and the deeds and other documents lodged therewith.
Dated:
(To be signed by the registered owner or his solicitor and, when signed by the registered owner, his signature should be attested.)
Reclassification of a possessory title under Rule 54 on a transfer for value
A Possessory title may be reclassified, under Rule 54, where a purchase for valuable consideration takes place more than twelve years after the first registration of the land. The application may take the form of a certificate by a solicitor based on the following precedent.
PRECEDENT 13.C
SOLICITOR’S CERTIFICATE UNDER RULE 54
LAND REGISTRY
Folio:
County:
Registered Owner:
I, the undersigned .......... a partner/solicitor in the firm .......... hereby certify as follows:
1. I act for CD of ...... (“the Applicant”) and I have examined the title to the land in the above-mentioned folio and made all necessary searches and enquiries.
2. The above-named registered owner, by a transfer dated .......... made for valuable consideration, has transferred the land in the above-mentioned folio (“the land”) to the Applicant, who has applied to be registered as owner of the land.
3. (Where appropriate, insert: The land is held under the Fee Farm Grant (or, the Lease) dated .......... and made between .........., referred to in the above-mentioned folio.)
4. The land has been registered with a possessory title for over twelve years and I believe that the registered owner was immediately prior to the date of the said transfer in sole beneficial possession of the land subject as in the said folio now appears.
5. I am not aware of any mortgage, charge, lease, lien, agreement, restrictive covenant, right of residence or other encumbrance or any trust created before first registration and now affecting the land or any part of it except as now appears in the said folio (or, except as stated in the Schedule hereto).
6. I am not aware of any question or doubt affecting the title to the land, or any part of it, or of any matter whereby the title is, or may be, impeached or affected in any manner whatsoever.
7. The Applicant has no deeds or other documents relating to the title in his possession or control (except those lodged with this application and set out in the list attached hereto).
8. I apply that, on registration of the Applicant as owner of the land, the title be reclassified as an absolute (or, as a Good Fee Farm grant, or, as a Good Leasehold) title.
Dated:
Signed:
(Insert a schedule, where appropriate)
Reclassification of title in other cases
Other applications for reclassification may be made, in accordance with Rule 56, in the form of an affidavit by the applicant in LR Form 27 (Precedent 13.D) accompanied by a solicitor’s certificate verifying the title (Precedent 13.E).
PRECEDENT 13.D
LR FORM 27 - RECLASSIFICATION UNDER RULE 56
LAND REGISTRY
Folio:
County:
Registered Owner: AB
I, AB of ...... make oath and say as follows:
1. I am the above-named registered owner and I am registered with a .......... title.
2. The particulars of my title are as follows:
(Set out particulars in detail and show all rights capable of registration and protected by registration with the particular class of title specified in the folio. This should be done by setting out concise details in sub-paragraphs in chronological order.)
3. During the last twelve years I and my predecessors in title have been in sole and undisputed beneficial occupation and possession of the land in the above-mentioned folio (“the land”) as owner in fee simple, as in the said folio appears.
4. I am not aware of any mortgage, charge, lease, lien, agreement, restrictive covenant, right of residence or other encumbrance or any trust created before first registration and now affecting the land or any part of it except as now appears in the said folio (or, except as stated in the Schedule hereto).
5. I am not aware of any question or doubt affecting the title to the land, or any part of it, or of any matter whereby the title is, or may be, impeached or affected in any manner whatsoever and all material facts have been disclosed.
6. I have no deeds or other documents relating to the title in my possession or control (except those lodged with this application and set out in the attached list).
7. I apply that the title in the said folio be reclassified as an absolute (or, a Good Fee Farm Grant, or, a Good Leasehold) title (add, where appropriate: and that the matters set out in the Schedule hereto be entered in the said folio as burdens affecting the land)
Sworn etc.
(Insert a Schedule, where appropriate.)
PRECEDENT 13.E
SOLICITOR’S CERTIFICATE UNDER RULE 56
LAND REGISTRY
Folio:
County:
Registered Owner: AB
I, the undersigned .......... a partner/solicitor in the firm of .......... of .......... hereby certify as follows:
1. I act for AB the above-named registered owner (“the Applicant”) and I have thoroughly examined the title to the land in the above-mentioned folio and made all necessary searches and enquiries.
2. The statements made in the affidavit sworn by the Applicant on .......... 20.. and lodged herewith are true and accurate and I am satisfied that the reclassification of title sought by the
Applicant is justified.
Dated:
Signed: