OpenLegislation

Section 23 Qualified title to leasehold estate.

(1)

If, on an application for first registration of any person as full or limited owner of a leasehold estateF1. . . , it appears to the Registrar. . . that the title, either of the lessor to the reversion or of the lessee to the leasehold estate, can be established only for a limited period, or only subject to certain qualifications, the Registrar may, by an entry made on the register, except from the effect of registration any estate—

(a)

arising before a specified date; or

(b)

arising under a specified document; or

(c)

otherwise particularly described in the register;

and a title registered subject to any such exception shall be called a “qualified title” .

(2)

The first registration of a person as full or limited owner of a leasehold estate with a qualified title shall have the same effect as first registration with an absolute title or, as the case may be, with a good leasehold title save that first registration with a qualified title shall not prejudice or affect the enforcement of any estate appearing from the register to be excepted.

Annotations

Textual amendments

F1

1992 NI 7

Notes on the whole Act

Textual amendments

F1

Words in preamble of Act substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59(5), 148(1), Sch. 11 para. 6; S.I. 2009/1604, art. 2(d)