Deck 2: Registered Land

Question 1

a transferee under a will, will be bound by all prior property rights. Which section of the LRA 2002 applies to such transferee?

Answer 1

True

Question 2

By what method should an option to purchase be protected in order to ensure priority against a purchaser for value?

A) Registration under a separate title
B) Options to purchase will always be overriding interests
C) Entry of a notice

Answer 2

C

Question 3

Which of the following is not one of the grades of title with which a person may be registered? What characterises the other three grades of title?

A) Absolute title
B) Proper title
C) Good leasehold title
D) Possessory title

Answer 3

B

Question 4

Which of the following circumstances will result in the claimant potentially losing his right to an indemnity following alteration of the register?

A) He granted a charge prior to claiming the indemnity
B) Loss was caused by his own fraud
C) He contributed to his loss through his own lack of care
D) It is more than six years after the claimant became (or should have became) aware that he had a claim

Question 5

What is the main barrier to full compliance with the mirror principle in the land registration system?

Question 6

What is the only possible method of creating a legal mortgage of the freehold estate under the Land Registration Act 2002? Where is this rule laid down?

Question 7

What is the main barrier to full compliance with the mirror principle in the land registration system?

Question 8

What is the conclusion in Halifax v. Popeck (2008) in relation to the meaning of valuable consideration in section 29 Land Registration Act 2002?

Question 9

Can expressly granted legal easements operate as overriding interests under paragraph 3 Schedule 3?

Question 10

What kinds of rights are capable of being overreached?

Question 11

What are the merits of closing the registration gap?

Question 12

Explain the effect of the mechanism of overreaching in cases of a legal mortgage.

Question 13

What does Richall Holdings v. Fitzwillliam suggest is the effect of section 58 on the equitable interest?

Question 14

One of the aims of the Land Registration Act 2002 is to ensure ___ instead of 'registration of title' - see section 58 LRA 2002. (2.5)

Question 15

Which of the following circumstances will not give rise to the possibility of altering the register?

A) Bring the register up to date
B) To remove entries that have become superfluous
C) To correct a mistake
D) To remove an entry that is manifestly unfair

Question 16

Section 23 of the Land Registration Act 2002 outlines the powers of the registered proprietor of land. Which of the following is not one of these powers?

A) Power to sell
B) Power to make a mortgage by demise
C) Power to charge the estate at law
D) Power to create a lease

Question 17

actual occupation is in itself an interest that can be protected under paragraph 2 Schedule 3 LRA 2002.

Question 18

a purchaser can be bound by the unregistered option to purchase from a third party who is not in actual occupation solely because they know about that right.

Question 19

an employee or agent can occupy a premises for the purpose of establishing 'actual occupation' under Schedule 1 and Schedule 3. Justify your answer by reference to case law.

Question 20

if an 'easement' is made the subject of a notice on the register, even if it does not meet the substantive requirements for being an easement, the fact of its entry on the register will clothe the interest with validity.

Question 21

Which of the following factors was not relevant to the decision in Link Lending v. Bustard that Ms Bustard was in actual occupation despite being in hospital for psychiatric treatment?

A) Ms Bustard had an intention to occupy the property
B) The fact that the property was not derelict
C) The reason for the absence
D) Regular visits to the property

Question 22

Which case confirms that children cannot be in actual occupation in their own right?

A) Hypo-Mortgage Services Ltd v. Robinson
B) Williams & Glynn Bank v. Boland
C) Mortgage Corp v. Shaire
D) Lloyds Bank v. Rossett

Question 23

Someone who has an overriding interest is able to waive the priority of that interest over a purchaser by consenting to the sale or mortgage of the land. Which case tells us that sometimes this consent can be implied?

A) Lloyds Bank v. Rossett
B) City of London Building Society v. Flegg
C) Halifax v. Popeck
D) Paddington Building Society v. Mendelson

Question 24

Why was there no overreaching in Williams & Glynn's Bank v. Boland?

A) The beneficiaries did not know that a transaction would take place
B) The purchaser was acting in good faith
C) The dealings were with only one trustee
D) The beneficiary was a family member of the trustee

Question 25

Which of the following estates in land does not need to be registered?

A) A legal freehold
B) A legal lease of less than seven years
C) A legal lease of more than seven years

Question 26

Which section of the Land Registration Act 2002 embodies the guarantee of title ensured by the Land Registry?

A) Section 23
B) Section 58
C) Section 1
D) Section 116

Question 27

Which section of the Land Registration Act 2002 requires an applicant for registration to disclose those overriding interests of which he is aware?

A) Section 28
B) Section 71
C) Section 58
D) Section 2

Question 28

Which of the following types of lease does not need to be registered in order to bind a transferee for value under the Land Registration Act 2002?

A) Legal lease of five years over business premises including a car park
B) Legal lease of ten years of a residential property
C) Legal lease of eleven years of a countryside property
D) Legal lease of two years where the tenant is not going to go into possession for six months

Question 29

Which of the following rights cannot bind a purchaser for value even if 'protected' by actual occupation?

A) The right to seek alteration of the register
B) Share of the equitable title to the land
C) Mere equity
D) Contractual licence

Question 30

The mechanism of ___ is the main way that the curtain principle is upheld. The operation of this mechanism is found in sections (2) and (27) of the LPA 1925. (2.9)