Chapter 2 Self-test questions

Registered Land

Quiz Content

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. Which one of the following is not a principal aim of any registration system?

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. Registration holds an especially prominent role in relation to land. Which one of the following is not a key justification for this position?

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. Which one of the following is not a general aim of a land registration system?

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. What are Ruoff's three foundational principles of a system of registered title? Select one of the following.

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. As regards the mirror principle, what might be described as the major 'crack' in the mirror under the LRA 2002? Select one of the following.

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. The 'register' at the heart of our understanding of land registration under the LRA 2002 is in fact, more accurately, made up of three distinct registers but what are they? Select one of the following.

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. What is the name given to the moment when previously unregistered land joins the register and becomes 'registered'? Select one of the following.

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. Which one of the following can be registered voluntarily under s. 3 of the LRA 2002?

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. Which statutory provision of the LRA 2002 confers conclusiveness of title? Select one of the following.

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. Which one of the following is not a requirement for the application of the s. 29 exception to the basic priority rule in s. 28 of the LRA 2002?

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. In registered land under the LRA 2002, on which register are notices entered? Select one of the following.

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. Which provision of the LRA 2002 determines whether a notice can be entered to protect an interest? Select one of the following.

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. Which one of the following cannot be protected by entry of a notice?

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. Under the LRA 2002, how can you actively protect an interest under a trust of land? Select one of the following.

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. Arguments founded on the principles of constructive trust have been advanced (not always successfully) as a means of enforcing unprotected, unregistered interests that would otherwise lose priority under the LRA 2002 and its forerunner. Which one of the following cases is not a case in which such constructive trust arguments were discussed?

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. Overreaching is the process by which unregistered interests are rendered binding on third parties such as purchasers. True or false?

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. Which of the following statutory provisions govern the doctrine of overreaching? Select one of the following.

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. Which one of the following is not a requirement for the operation of overreaching?

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. What did the court in Shami v Shami (2012) suggest obiter and somewhat controversially as to the doctrine of overreaching? Select one of the following.

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. What is the significance of the recent decision of the Court of Appeal in Baker v Craggs (2018)? Select one of the following.

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. What is the rationale for the continued existence of a category of overriding interests?
Select one of the following.

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. Which one of the following was not a change made by the LRA 2002 to the category of overriding interests?

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. Which one of the following is a case exploring the degree of permanence required to demonstrate actual occupation under Sch. 3 para. 2 and merely preparatory acts?

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. As a matter of authority, what is the relevant date on which a claimant asserting an overriding interest on the basis of actual occupation must prove they were in actual occupation? Select one of the following.

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. As regards the extent of actual occupation, once actual occupation is demonstrated as to part of a property, it is deemed to extend to the whole of that property. True or false?

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. Once an entry is made in the register, it is fixed for all time and cannot be removed, amended or otherwise changed. True or false?

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. Rectification is the term used to refer to one example of an alteration of the register under the LRA 2002; namely, one which prejudicially affects the title of a proprietor. True or false?

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. A rectification will only be ordered if two hurdles are satisfied: (1) that there has been a mistake that requires correction; and (2) that correction of that mistake would prejudice the title of the registered proprietor. True or false?

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. The payment of compensation (an indemnity) where a rectification is ordered reflects one of the key notions underpinning a registration system, but which? Select one of the following.

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. As to the limitations placed on the availability of an indemnity, which one of the following is not such a limitation under the LRA 2002?

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