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What rights does Absolute Title provide?
An absolute title has no outstanding disputes or hindrances that might otherwise affect you as the owner's ability to use or dispose of the property as you see fit.
You are free to sell the property at your discretion, which could give the buyer absolute title upon completion of the transaction, dependent on how the purchase was structured.
You as the seller of a property can only transfer the portion of an absolute title if you held it in the first place. In other words, a buyer cannot obtain an absolute title through a seller who does not possess it.
Additionally you take the land free of any matters (such as rights, covenants, easements (click to find out more about either) etc) which are not registered against the title (with the exception of overriding interests).
Choice of Leasing or Renting out your property
As absolute title holder of a property, you can opt to lease or rent it out rather than sell it outright or you might opt to sell part of it, creating a separate title. which is known as Transfer of Part (click to find out more).
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How do you find out about whether an owner has Absolute Title over a property?
This information - and many other essential identifying data about a property, its exact address, location and ownership and much more - can be found in the Land Registry's Official Copy of the Register of Title (click to find out more) of the property.
You find it in section B, which is the proprietorship register. Apart from telling you who the current owner is and information about anything which affects the right of disposal, it states the class of title.
When you come to sell a property, your solicitor will, at the start of proceedings, obtain an office copy entry which has all the information described - they need to be sure of the quality of ownership you have over the property you want to sell.
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Can you upgrade your class of title?
The simple answer is yes, however, firstly you have to be one or other of the following:
- the registered proprietor
- a person entitled to be registered as proprietor, such as personal representatives where the registered proprietor has died or someone who has just completed the purchase of a registered estate
- the proprietor of any registered charge affecting the estate
- a person interested in a registered estate that derives from the registered estate to be upgraded
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