Leasehold Titles
Registration of Title Act
Leasehold Interests
Classes of title which may be registered.
F53[40.— (1) On registration of the ownership of an unregistered leasehold interest, a person may be registered with an absolute title, a good leasehold 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 good leasehold title, a qualified title or a possessory title.
(4) The applicant shall be registered as owner with an absolute title where the title to the leasehold interest, the freehold estate and any intermediate leasehold interest is approved by the Authority.
(5) The applicant shall be registered as owner with a good leasehold title where the title to the leasehold interest is approved by the Authority.
(6) The applicant may be registered as owner with a qualified title where—
(a) it appears to the Authority that the title, either of the lessor to the reversion or of the lessee to the leasehold interest, 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.
(7) The applicant may be registered as owner with a possessory title on giving such evidence of title as may be prescribed.
(8) 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 (9), 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.
(9) Where registration of ownership of title is not compulsory, the Authority may not—
(a) on an application for registration with an absolute title or a good leasehold 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.]
Registration of burdens.
41.—On first registration of ownership of a leasehold interest, F54[the Authority] shall enter on the register all burdens which appear on examination of the title to affect the interest, except those to which, though not registered, the interest is subject by virtue of section 72.
Previous registration with, and without, note as to lessor’s title.
42.—Where, immediately before the commencement of this Act, the registration of ownership of a leasehold interest contained a note to the effect that the title of the lessor to make the lease had been investigated and found to be good and valid, the title to the leasehold interest shall be deemed to be an absolute title. Where there is no such note, the title shall, subject to section 43, be deemed to be a good leasehold title.
Effect of previous registration with qualified or possessory title.
43.—Where, immediately before the commencement of this Act, the registration of ownership of a leasehold interest was with a qualified or possessory title, the title to the land shall be deemed to be a qualified or possessory title, as the case may be, within the meaning of this Act.
Effect of registration with absolute title.
44.—(1) On registration of a person as full owner of a leasehold interest with an absolute title, the leasehold interest, together with all implied or express rights, privileges and appurtenances attached to it, shall vest in the person so registered.
(2) F55[…]
(3) F56[…] the interest of the registered owner shall be subject to—
(a) the burdens, if any, registered as affecting the interest,
(b) the burdens to which, though not registered, the interest is subject by virtue of section 72, and
(c) all implied and express covenants, obligations and liabilities incident to the registered interest,
but shall be free from all other rights, including rights of the State.
(4) If the registered owner holds the interest as trustee, nothing in this section shall affect his duties or liabilities as such trustee.
Effect of registration with good leasehold title.
45.—The registration of a person as first registered F57[…] owner of a leasehold interest with a good leasehold title shall not affect or prejudice the enforcement of any right adverse to or in derogation of the title of the lessor to grant the lease, but, save as aforesaid, shall have the same effect as registration with an absolute title.
Effect of registration with possessory title.
46.—The registration of a person as first registered F58[…] owner of a leasehold interest with a possessory title shall not affect or prejudice the enforcement of any right (whether in respect of the lessor’s title or otherwise) adverse to or in derogation of the title of that person and subsisting or capable of arising at the time of registration but, save as aforesaid, shall have the same effect as registration with an absolute title.
Effect of registration with qualified title.
47.—The registration of a person as first registered F59[…] owner of a leasehold interest with a qualified title shall not affect or prejudice the enforcement of any right appearing by the register to be excepted, but, save as aforesaid, shall have the same effect as registration with an absolute title or a good leasehold title, as the case may be.
Transfer of land from leasehold to freehold register.
48.—Where a registered leasehold interest is converted under the provisions of any Act into a fee farm grant or grant in perpetuity, F60[the Authority] shall note on the register in the prescribed manner the fact of such conversion, and provision shall be made by general rules for the transfer, on the prescribed examination of title, of land from the register of owners of leasehold interests to the register of owners of freehold land, but, until such transfer is made, the registered owner of the leasehold interest shall not, under the provisions of this Act, have any further or other title to the land than he would have had if the leasehold interest had not been so converted.
Effect of transfer of leasehold interest with absolute title.
55.—(1) On the registration of a transferee of a leasehold interest as full owner with an absolute title, the instrument of transfer shall operate as a conveyance by deed within the meaning of the Conveyancing Acts, and there shall vest in the registered transferee the leasehold interest so transferred, together with all implied or express rights, privileges and appurtenances attached to it, subject to—
(a) the burdens, if any, registered as affecting the interest,
(b) the burdens to which, though not registered, the interest is subject by virtue of section 72, and
(c) all implied and express covenants, obligations and liabilities incident to the interest transferred,
but free from all other rights, including rights of the State.
(2) Where, however, the transfer is made without valuable consideration, it shall, so far as concerns the transferee and persons claiming under him otherwise than for valuable consideration, be subject to all unregistered rights subject to which the transferor held the interest transferred.
(3) F72[…]
Effect of transfer of leasehold interest with good leasehold title.
56.—In the case of a leasehold interest registered with a good leasehold title, a transfer of the interest shall, when registered, have the same effect as it would have had if the interest had been registered with an absolute title, save that it shall not affect or prejudice the enforcement of any right affecting or in derogation of the title of the lessor to grant the lease.
Effect of transfer of leasehold interest with possessory title.
57.—In the case of a leasehold interest registered with a possessory title, a transfer of the interest shall not affect or prejudice the enforcement of any right (whether in respect of the lessor’s title or otherwise) adverse to or in derogation of the title of the first registered owner and subsisting or capable of arising at the time of the registration of that owner but, save as aforesaid, the transfer shall, when registered, have the same effect as it would have had if the interest had been registered with an absolute title.
Effect of transfer of leasehold interest with qualified title.
58.—In the case of a leasehold interest registered with a qualified title, a transfer of the interest shall, when registered, have the same effect as it would have had if the interest had been registered with an absolute title, save that the transfer shall not affect or prejudice the enforcement of any right (whether in respect of the lessor’s title or otherwise) appearing by the register to be excepted.
Saving of consent to alienation, etc.
59.—(1) Nothing in this Act shall affect the provisions of any enactment by which the alienation, assignment, subdivision or sub-letting of any land is prohibited or in any way restricted.
(2) It shall be the duty of F73[the Authority] to note upon the register in the prescribed manner the prohibitive or restrictive provisions of any such enactment; but such provisions shall be, though not registered, burdens on the land under section 72.