A title registered just under 20 years ago is described as possessing a freehold title. What is a likely implication for the buyer?

• A. It may require upgrading to a higher class of title
• B. No upgrade is needed and it is the same as absolute title
• C. It cannot be transferred again
• D. It automatically becomes leasehold after 20 years

Answer: (A)

The key idea is that the status of a registered title isn’t always the highest possible quality. In UK land registration, “freehold title” can exist with varying levels of assurance, and titles registered not long ago may still be in a transitional state that isn’t automatically upgraded to the strongest form, known as absolute title. If a title was registered just under 20 years ago, it’s plausible that it is described as freehold but has not yet been upgraded to absolute title. The practical effect is that there could be a small residual risk of certain defects or unknowns in the title, which a buyer would reduce by having the title upgraded to a higher class of title (absolute title). So the likely implication for the buyer is that there may be a need to arrange or expect an upgrade to the more robust form of title to ensure maximum protection. The other options don’t fit because ownership can be transferred regardless, there isn’t an automatic leasehold conversion after 20 years, and the description of freehold doesn’t imply no upgrade would ever be needed.