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Freehold Land
Classes of title which may be registered.
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33.—(1) On registration of the ownership of unregistered freehold land, a person may be registered with an absolute title, a qualified title or a possessory title.
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(2) An application for registration may be made by such person, and shall be made in such form and be accompanied by such evidence of title, as may be prescribed.
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(3) The application shall be made for registration with an absolute title or with a possessory title.
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(4) The applicant shall be registered as owner with an absolute title where the title is approved by the Registrar.
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(5) If, on an application for registration with an absolute title, it appears to the Registrar that the title can be established only for a limited period or only subject to certain reservations, the Registrar may, by an entry made in the register, except from the effect of registration any right—
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(a) arising before a specified date, or
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(b) arising under a specified instrument, or
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(c) otherwise particularly described in the register,
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and the title registered subject to any such exception shall be called a qualified title. Where the registration of ownership is not compulsory the Registrar shall not exercise his powers under this subsection without the consent of the applicant.
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(6) The applicant may be registered as owner with a possessory title on giving such evidence of title as may be prescribed.
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(7) If, on an application for registration with an absolute title, the Registrar is not satisfied that either an absolute or a qualified title would be warranted, he may register the applicant as owner with a possessory title. Where the registration of the ownership is not compulsory, the Registrar shall not exercise his powers under this subsection without the consent of the applicant.
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(8) If, on an application for registration with a possessory title, the Registrar is satisfied that an absolute or qualified title would be warranted, he may register the applicant as owner with such a title, whether the applicant consents or not.
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