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Land Law - Function and significance of title deeds
It is not impossible for the landowner to register the property with HM Land Registry even if they lack title deeds or cannot provide a solid proof of ownership. It might, however, have an impact on the title class that they receive. They run the possibility of someone else showing up with a deed to the property, proving they have a stronger claim to the land and a solid root of title. Under such conditions, the recipient may receive a greater class of title to the land than the actual landowner.
Case Study
For their whole lives, Gina and her parents have resided on the family farm. Following the recent deaths of her parents, Gina is currently attempting to register the title documents with HM Land Registry. She thought a transfer deed had given her ownership of the farm in the 1980s, but she can't locate the deed, thus the farm is still unregistered. Because they thought she already owned the land, her parents did not leave it to her in their wills. She does not get along with her brother, and their Will leaves all of their possessions to him. Is Gina able to apply to HM Land Registry to have the property registered in her name? We could dissect this situation in a number of ways, but the short answer is that she can. Her ability to substantiate her ownership will determine whether or not she succeeds. She might have trouble doing this without the deed giving her ownership of the land, but even if she succeeds, she probably won't get more than a possessory title. Her brother might provide the Will, which gives him ownership of all assets, including the land, to show that he has stronger evidence of title. This could begin to highlight some of the challenges that can occur when someone applies to register land without the formal title deeds.
This lays out the various ownership classes that HM Land Registry will award based on the proof of ownership presented; these are arranged in a hierarchy of the greatest potential title that can be granted.
Title classes recognized by HM Land Registry
Absolute Title
The best type of title that may be granted to land, and it protects the landowner from any attempt by third parties to assert a claim to the land.
Possessory Title
This would occur if the landowner was unable to provide enough written proof of their possession.
Qualifying Title
If there is a specific title fault that is noted in the register, this will be allowed.
Good leasehold
If someone wants to register their leasehold interest for the first time and the freehold estate hasn't been registered yet, this is probably what will happen. As an example, Gina can apply to have her class of title upgraded to absolute if she finds the missing deed or if she possesses the land for a minimum of 12 years without her brother or any other party claiming they have a better class of title. Gina can also apply to have her registration granted if she is granted possessory title only.
It is not impossible for the landowner to register the property with HM Land Registry even if they lack title deeds or cannot provide a solid proof of ownership. It might, however, have an impact on the title class that they receive. They run the possibility of someone else showing up with a deed to the property, proving they have a stronger claim to the land and a solid root of title. Under such conditions, the recipient may receive a greater class of title to the land than the actual landowner.
Case Study
For their whole lives, Gina and her parents have resided on the family farm. Following the recent deaths of her parents, Gina is currently attempting to register the title documents with HM Land Registry. She thought a transfer deed had given her ownership of the farm in the 1980s, but she can't locate the deed, thus the farm is still unregistered. Because they thought she already owned the land, her parents did not leave it to her in their wills. She does not get along with her brother, and their Will leaves all of their possessions to him. Is Gina able to apply to HM Land Registry to have the property registered in her name? We could dissect this situation in a number of ways, but the short answer is that she can. Her ability to substantiate her ownership will determine whether or not she succeeds. She might have trouble doing this without the deed giving her ownership of the land, but even if she succeeds, she probably won't get more than a possessory title. Her brother might provide the Will, which gives him ownership of all assets, including the land, to show that he has stronger evidence of title. This could begin to highlight some of the challenges that can occur when someone applies to register land without the formal title deeds.
This lays out the various ownership classes that HM Land Registry will award based on the proof of ownership presented; these are arranged in a hierarchy of the greatest potential title that can be granted.
Title classes recognized by HM Land Registry
Absolute Title
The best type of title that may be granted to land, and it protects the landowner from any attempt by third parties to assert a claim to the land.
Possessory Title
This would occur if the landowner was unable to provide enough written proof of their possession.
Qualifying Title
If there is a specific title fault that is noted in the register, this will be allowed.
Good leasehold
If someone wants to register their leasehold interest for the first time and the freehold estate hasn't been registered yet, this is probably what will happen. As an example, Gina can apply to have her class of title upgraded to absolute if she finds the missing deed or if she possesses the land for a minimum of 12 years without her brother or any other party claiming they have a better class of title. Gina can also apply to have her registration granted if she is granted possessory title only.
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