Part 2First registration of title
Chapter 1First registration
Classes of title
9 Titles to freehold estates
1
In the case of an application for registration under this Chapter of a freehold estate, the classes of title with which the applicant may be registered as proprietor are—
a
absolute title,
b
qualified title, and
c
possessory title;
and the following provisions deal with when each of the classes of title is available.
2
A person may be registered with absolute title if the registrar is of the opinion that the person’s title to the estate is such as a willing buyer could properly be advised by a competent professional adviser to accept.
3
In applying subsection (2), the registrar may disregard the fact that a person’s title appears to him to be open to objection if he is of the opinion that the defect will not cause the holding under the title to be disturbed.
4
A person may be registered with qualified title if the registrar is of the opinion that the person’s title to the estate has been established only for a limited period or subject to certain reservations which cannot be disregarded under subsection (3).
C15
A person may be registered with possessory title if the registrar is of the opinion—
a
that the person is in actual possession of the land, or in receipt of the rents and profits of the land, by virtue of the estate, and
b
that there is no other class of title with which he may be registered.