Title Absolute is a class of title given by the land registry when an application to register a parcel of land is made. Whilst Title Absolute is the most common and best class of title it is not the only class of title the land registry grants.
As mentioned above, this is the best class of title and how most land is registered. The land registry is confirming, by allocating this class of title to the land, that the right of ownership by the registered proprietor is unequivocal and cannot be disputed or challenged.
Sometimes the land registry is not able to allocate this class of title to land where there is a defect in the title or perhaps not enough evidence to prove the applicants right of ownership is unequivocal.
When an application has been made to the land registry and insufficient evidence is provided to delineate the applicant’s ownership the land registry will usually grant possessory title. They may also grant possessory title where the applicant’s assertion of ownership is obviously and easily challenged.
Possessory title is also the class of title that is granted when an adverse passion claim is made to the land registry. Once possessory title has been held for a period of 12 years a further application can be made to the land registry to ‘upgrade’ the title to title absolute without the need for any further evidence being provided.
This class of title is most commonly granted where an application to register a leasehold property has been made, which is acceptable in itself, but where the landlord’s title has not been registered by the land registry. The land registry, in this instance, cannot confirm that the landlord has the ability to grant the lease or if there might be other issues that could affect the property.