Generally the applicant gives his consent to this type of title. However if consent is not given, the applicant is likely to be issued with a possessory title, which would be even worse than a qualified title and it would be subject to pre – registration issue.
Leasehold absolute
This is the term of years and is equivalent to freehold absolute titles. Section 9 of the Land Registration Act, 1925 states that the title holder of an absolute leasehold property hold the legal leasehold of the same just like the freehold absolute estates but the in addition to the covenants and obligations that are contained within the registered deed. On the other hand, the proprietor1 of an absolute lease hold title holds that the land in question is subject to all entries in the register, overriding interests, minor interests and the covenants and obligations in the registered lease. A lease granted for 21 years or less need not be registered. If a property which has been leased out for more than 21 years, has been assigned for value or by gift, it will be subject to compulsory first registration. When the Registrar issues an absolute leasehold title, the State is thereby assuring not only a legal leasehold but also that the lease has been validly granted out of the reversionary title. The Registrar does this only to be clear that the lessor has the power to grant the lease. In cases where the superior title, generally the freehold is already registered with an absolute class of title, this is enough to grant the same class of title upon the leasehold or else it is dealt as good leasehold titles.
Leasehold possessory
The proprietor of a possessory leasehold has a similar weak position like that of a freehold possossory title holder. In bothe the above cases, the title registration is subject to any estate or interest that is adverse to the proprietor’s title at the time of first registration. The same printed note also appears in the leasehold property as it would appear in the freehold property.
Leasehold qualified
The same laws apply to both freehold qualified and leasehold qualified. If a Registrar finds a defect in a leasehold title, with the consent of the applicant, he will issue a qualified title.
Good leasehold
A good leasehold proprietor is on the same boat as an absolute proprietor. The registration is made in such manner that there is no guarantee that the lease has been validly granted. The Registry issues this title when the superior title, reversionary title has not been produced before the producer. If the lessor himself does not have the right to lease out a property, then the Registry would not also have all the details to enable them to guarantee the validity of the lease. As a result, a good leasehold title will be issued in place of the more desirable absolute leasehold title. Some mortgagees will never accept a good leasehold as a security. The lender is always under the fear that if the lease to the property is invalid, then the lender will lose its security.
