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CELE SQE1 模拟练习

Examination Timing: 00H01M43S

Geoff is the owner of the fee simple in 62 Marchant Street, which is registered at HM Land Registry. Geoff has owned and occupied 62 Marchant Street for the past 20 years when he discovers that the bottom third of his garden is not actually included in his title and is unregistered. How would you advise Geoff?

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Geoff may be entitled to be registered as the owner of the land with possessory freehold title due to his length of occupation. Since Geoff cannot show documentary title to the land, he would not be granted absolute title. Qualified title is typically given when the title is defective, and good title is applicable in leasehold cases where the landlord's title is unregistered. If Geoff holds the possessory title for a further 12 years, he can apply to upgrade to absolute freehold title. According to section 62(4) of the Land Registration Act 2002, the title must have been registered for at least 12 years and the proprietor must be in possession. 

Key Point: Occupation of unregistered land for a significant period can lead to the acquisition of possessory title, which can later be upgraded to absolute title after continued possession and registration.



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