Registered Title
Until 1992, there were three separate Registrars of title, namely those for freehold interest, leasehold interest, and a subsidiary interest register dealing with incorporeal rights and certain other rights which may be prescribed. The 1992 reforms provided that the three separate registers would be merged into a single title register.
Each folio number consists of letters identifying the County, and the digits identifying the consecutive folio number assigned. Each is cross-referenced to the Land Registry map.
On first registration, the examiners of title investigate the unregistered title, and in its place grant a registered title if they are satisfied with its quality. From then on, all the title deeds relating to the property are retained by the Land Registry.
It may be necessary to obtain copies of these to find out the full extent of certain rights mentioned on the register, for example, easements, covenants, etc. When necessary, it is possible to obtain a certified copy of the instrument which is sufficient evidence of its contents.
Once land has been registered in the Land Registry, it must be dealt with through the Land Registry system from then on. The deeds cease to apply.
Part I contains a description of the property with a reference to the appropriate Land Registry map. It may refer to details of any appurtenant rights affecting it and exceptions and reservations. It may note mines and minerals affecting the land. In the case of a leasehold title, particulars of the lease under which the title is held are noted in Part I.
Part II contains details of ownership. It will also set out details of any cautions, inhibitions or other restrictions on dealing with the land.
Part III deals with burdens which affect the land such as covenants, mortgages, subleases, etc. It includes those categories required to be registered to affect the land.
Where a lease for more than 21 years, or for life or the term for years or life is granted, it is registrable. If granted out of the Land Registry title land, the lease will then be registered as a burden on the superior title.
Other leases which are not compulsorily registrable can be registered as a burden on the freehold/lessor’s title only. The lessee’s estate under the lease remains unregistered.
Formerly a land certificate issued to the registered owner containing a certified copy of the folio. It was required to be produced on most registrations. It acted as a control against forgery. The requirement for a land certificate was removed with the prospect of e-conveyancing and dematerialisation of the register.
An application for first registration may be brought voluntarily at any time. Since 2002, the whole of Northern Ireland has been subject to compulsory registration on sale. Prior to that, the following categories have been subject to compulsory registration:
- Purchase under the 19th-century and later Land Acts (and franchisement of agricultural tenants);
- Compulsorily acquired land;
- Leasehold interests granted out of registered land after 1 October 1977 where the estate lease was for 21 years or more;
- Perpetual rentcharges,
- fishing and sporting rights granted out of registered land after 1 October 1977.
Until registration, the title remains unregistered. Accordingly, on sale, even where compulsory registration applies, the relevant purchase deed should be registered in the registry of deeds to protect against adverse acts prior to the time of first registration.
An application for first registration must be made within three months of the transaction. Otherwise, the transaction is void. The seller would hold title as a bare trustee for the buyer.
The application may be made by way of a specified certificate or affidavit by the applicant. An up-to-date ordnance survey map must be produced delineating the property.
The Land Registry may make rulings on the requirements in respect of the title. They may require notices to be published if they apprehend that third parties’ interests may be involved. In the case of an application by a solicitor, the original title documents and documents affecting title must be lodged.
In the case of an affidavit by the applicant, a verified statement of title is lodged together with searches, names of adjoining owners of land where adjoining boundaries are not clearly defined from the deeds.
It is possible to apply for first registration based on adverse possession. In an application, an affidavit showing facts sufficient to constitute adverse possession, details of adjoining owners must be provided, and other requisite forms must be lodged. Advertising and notices will be required.
Absolute title is the best quality title. The registered owners are subject only to registered burdens and burdens that affect registered land title without registration. He may, of course, have other obligations such as under a trust, where he holds as a trustee.
A freehold title may be registered absolute or otherwise but have a limited owner. A limited owner is the one under the terms of a settlement.A person may be a full or limited owner of a leasehold estate with absolute title.
The next class of title is a good fee farm grant or good leasehold title. In this case, the title of the lessee or fee farm grantee is guaranteed. The title of the grantor or lessor is not guaranteed. Superior interest may exist which are adverse to the lease and the freeholder’s title.
A possessory title is one based only on occupation and exclusive possession of the lands or the rents and profits of the land. It provides no guarantee that there is no other party with a superior right. Historically, lands registered on purchase under the Land Purchase Act were registered subject to equities affecting the title of the tenant farmer.
It is possible for the Land Registry to register titles as qualified. The qualification will depend on circumstances and will be noted on the register.
On the application for first registration, it is necessary to prove title in the same way as with the purchase of unregistered title land. A root of title going back at least 15 years is required. To obtain absolute title, possessory title would be based on affidavits and declarations of exclusive possession.
Titles may be upgraded or reclassified by the registrar. They may be upgraded on the then registrar’s initiative or on foot of an application. Quantified or possessory titles may be converted and reclassified as absolute titles or good leasehold titles. This may happen by reason of the passage of time. Statutory titles may be reclassified in most cases when a transferor for value is lodged within 15 years after the first registration and the registered owner is proved to be in possession prior to the transfer.
The Land Registry maintain registers of maps and names. They are open for inspection by the public. They are now available online. The public may obtain a certified copies, and entries of titles.
A Land Registry issues official copies of entries in the register. The Land Registry may be liable for errors in the same. The fact that a person is registered as owner does not mean that this is definitive of his ownership.
There may be unregistered transfers, squatting and multiple other reasons. The Land Registry do not take responsibility for this. Rather the certification is that it is to give copy of the register as on the relevant date.