Class of Title

Class of Title at the Land Registry

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Overview

It is important that you know the class of Title you hold for your property, assuming it is registered at the Land Registry. There are 3 different types of Classes, two of which may cause serious difficulties if you decide to sell.

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The Classes of Title

1. Title Absolute

This is the ultimate Class of Title. It means that the owner has a full title to the property without the fetters described below.

2. Possessory Title

Where a Possessory Title is granted there is a risk that ownership may be challenged by someone else who thinks they are entitled to the property. A Possessory Title will usually be given where a property owner applies for first registration but is unable to produce the Property Deeds, or where a person claims adverse possession, e.g. over a small parcel of land that he thought was and treated it as, part of his garden.

3. Qualified Title

A Qualified Title may be granted when there is a defect in the Title, e.g. Upon an application for First Registration an unexplained break in the chain of ownership is discovered.

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Upgrading an Inferior Title

The two inferior Titles mentioned above can be upgraded at any time after the defect is remedied, provided the property is registered. Possessory Titles can be upgraded, in any event, after 12 years has elapsed, if there has been no challenge against your ownership.