Law of Property Act 1922

Conversion into Absolute or Good Leasehold Title.

172 Conversion into absolute or good leasehold title.

(1) Where land has been registered with, a possessory title before the commencement of this Act, and the. registrar is satisfied as to the title, he may register it at any time as absolute or good leasehold, whether the registered proprietor consents to such registration or not, but, unless the registration is made on the application of the registered proprietor, without charging any fee therefor.

(2) Where the registrar is satisfied as to the title, he may, on a transfer for valuable consideration of land registered with a qualified, good leasehold or possessory title, enter the title of a transferee as absolute or good leasehold as the case may require or admit, whether the transferee consents or not, but in that case no additional fee shall be charged.

(3) The following provisions shall apply with respect to land registered with a qualified or possessory title :—

(a) Where the title registered is possessory the application for the registration of a transfer shall, subject to any provisions to the contrary which may be prescribed, be accompanied by all the documents of or relating to the title (including contracts, abstracts, Counsel's opinions, requisitions, and replies, and other like documents), in the applicant's possession or under his control; and where the title registered is qualified, with such documents (if any) as relate to the matters excepted from the effect of registration; and

(b) Where the land has been registered, if freehold land, for fifteen years, or if leasehold land, for ten years, with a possessory title, the registrar shall, if satisfied that the registered proprietor is in possession, and after, giving such notices (if any) as may be prescribed, enter the title of the proprietor of the freehold land as absolute and the title of the proprietor of the leasehold land as good leasehold, save that if the date of first registration occurred before the first day of January, nineteen hundred and nine, the registrar shall have power to postpone the registration of an absolute or good leasehold title until after investigation, he is satisfied in regard to the title;

(c) Where the land has been registered with a good leasehold title for at least ten years, the registrar may, subject to the payment of any additional insurance fee and to any advertisements or inquiries which may be prescribed, and if he is satisfied that the registered proprietor or successive registered proprietors has or have been in possession during the said period, at the request of the proprietor enter his title as absolute.

(4) Provided that, if any claim adverse to the title of the registered proprietor has been made, an entry shall not be made on the register under this section unless and until the claim has been disposed of.

(5) Any person (other than the registered proprietor) who suffers loss by reason of any entry on the register made by virtue of this section shall be entitled to be indemnified under the Acts as if a mistake had been made in the register.