Explain the effect of the issue arising from the Proprietorship Register of the registered title to Bramble Cottage and identify the action you would require the seller's lawyer to take in respect of it.

• A. The title is Possessory Freehold, which may require upgrading to Absolute Freehold or obtaining a title indemnity policy; request upgrade or arrange indemnity.
• B. The title is Absolute Freehold and requires no action.
• C. The title is Leasehold and needs a new lease.
• D. The title is invalid and must be replaced.

Answer: (B)

The thing being tested is how the form of ownership shown in the Proprietorship Register governs what, if anything, needs to be done before completion. When a registered title to a property shows Absolute Freehold in the Proprietorship Register, it confirms the property is held in the strongest freehold form with no qualifying tenure. That means there is no defect or unusual limitation on the ownership that would require the seller’s lawyer to correct, upgrade, or arrange an indemnity. In short, the title is in its standard, indefeasible form, and no action is needed from the seller’s side beyond the usual conveyancing checks.

So the correct course is that there is no action to take in respect of the Proprietorship Register. You would proceed with the transaction, continuing to verify the rest of the title for any other potential encumbrances or burdens, but the Proprietorship Register itself does not require any intervention.