A Possessory Title is granted in which situation?

Prepare for the CILEx Conveyancing Level 6 Exam with our quiz. Study flashcards and multiple choice questions, with tips, hints, and explanations. Get exam-ready!

Multiple Choice

A Possessory Title is granted in which situation?

Explanation:
Possessory title is used when there is possession of the land but the title evidence does not meet the full guarantee required for absolute title. In land registration, absolute title provides a full guarantee that the registered owner’s title is free of defects. When there is a specific identified defect that cannot be cured by granting absolute title, the registrar can issue a possessory title instead. This type of title acknowledges ownership based on possession while the defect remains unresolved or until adequate evidence can be provided to move toward absolute title. It isn’t about having no defects (that would be absolute title), nor about mortgage clearance, nor about loss of deeds.

Possessory title is used when there is possession of the land but the title evidence does not meet the full guarantee required for absolute title. In land registration, absolute title provides a full guarantee that the registered owner’s title is free of defects. When there is a specific identified defect that cannot be cured by granting absolute title, the registrar can issue a possessory title instead. This type of title acknowledges ownership based on possession while the defect remains unresolved or until adequate evidence can be provided to move toward absolute title. It isn’t about having no defects (that would be absolute title), nor about mortgage clearance, nor about loss of deeds.

Subscribe

Get the latest from Passetra

You can unsubscribe at any time. Read our privacy policy