Reclassification of title

Introduction

The title to a holding of land may be:

• Absolute 
• Good fee farm grant
• Good leasehold
• Possessory 
• Deemed possessory (formerly referred to as being subject to equities), or
• Qualified Rules 53 to 56 specify the methods by which different classes of title may be reclassified, and these are considered briefly below

Reclassification of a title registered "subject to equities"

A title which is registered subject to an equity note (or which is described as "deemed possessory") may be reclassified under Rule 53 on foot of a solicitor's certificate based on the following precedent:

• Precedent 4.A - Application for reclassification of a deemed possessory title

Reclassification of certain qualified titles registered prior to 1 October 1977

Where property held under a fee farm grant, or a lease, was registered with a qualified title prior to the commencement of the Act, the title may be reclassified, under Rule 55, as good fee farm grant, or good leasehold, upon the lodgement of an application in:

• Precedent 4.C - Application for reclassification of a qualified title under Rule 55.

Reclassification of a possessory title under Rule 54 on a transfer for value

A possessory title may be reclassified, under Rule 54, where a purchase for valuable consideration takes place more than 12 years after the first registration of the land. The application may take the form of a certificate by a solicitor based on the following precedent.

• Precedent 4.B - Application for reclassification under Rule 54 of a possessory title following a transfer for value 

Reclassification of a qualified title acquired under the Ground Rents Act

Registered Owners of freehold land, which has already been registered with a qualified title on first registration, because the freehold had been acquired under the Ground Rents Act (Northern Ireland) 2001, may apply for the title to be reclassified as Absolute, on completion of a solicitor’s certificate based on the following precedent:

• Precedent 4.D – Application for reclassification of a qualified title acquired under the Ground Rents Act

For further information, please see the:

• Registrar’s Practice Direction 2/2011 – Freehold titles acquired under the Ground Rents Act (Northern Ireland) 2001 

Reclassification of title in other cases

Other applications for reclassification may be made, in accordance with Rule 56, in the form of an affidavit by the applicant in Precedent 4.E accompanied by a solicitor's certificate verifying the title (Precedent 4.F).

• Precedent 4.E - Application for reclassification upon examination of title under Rule 56
• Precedent 4.F - Solicitor's certificate to support an application under Rule 56

Cautions against reclassification

Any person having an interest in land which might be prejudiced as a result of reclassification of the title may lodge a caution against reclassification in:

• Precedent 4.G - Caution against reclassification (Rule 104)