Commentary on the Sections Part 2: First Registration of Title Effect of first registration Section 11: Freehold estates
40.Section 11 sets out the effect of first registration as the proprietor of a freehold estate. Subsections (2) to (5) prescribe the effect of registration of a freehold with absolute title. Where a person is first registered as proprietor of a freehold estate, subsection (3) provides that the legal estate is vested in him or her together with all interests subsisting for the benefit of the estate. The legal estate will therefore vest in the first registered proprietor together with such interests as (for example) the benefit of any easement and profit à prendre that is appurtenant to the estate.
41.Subsection (4) provides that on first registration with absolute title, the estate is vested in the proprietor subject only to the following interests affecting the estate at the time of registration :
42.Subsection (5) deals with the situation where the first registered proprietor is not entitled to the estate solely for his or her own benefit. The effect of subsection (5) is that where the first registered proprietor holds the land on trust, the estate will be vested in him or her subject to the rights of the beneficiaries under that trust.
43.Subsections (6) and (7) prescribe the effects of registration with qualified or with possessory title.