Chapter 2 Self-test questions

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

Provision of a clear account of interests recorded correct incorrect

Provision of a comprehensive account of interests recorded correct incorrect

Registration as a tool of profit-generation correct incorrect

Publicity as a means of providing opportunities for discovery of interests correct incorrect

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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?

Because land is not like other property correct incorrect

Because land has a particular value socially correct incorrect

Because land carries a significant economic value correct incorrect

Because land has always been registered correct incorrect

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

To provide a complete and accurate reflection of the state of land at specific moment in time correct incorrect

To enable the State to control land for the purposes of national security correct incorrect

To support, clarify, and improve the conveyancing process correct incorrect

To alert purchasers of land to any property rights that burden the land correct incorrect

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

The mirror, curtain, and insurance principles correct incorrect

The mirror, insurance, and discoverability principles correct incorrect

The mirror, fairness, and insurance principles correct incorrect

The mirror, curtain, and equity principles correct incorrect

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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.

Registrable dispositions under s. 27 correct incorrect

The s. 29 exception to the basic priority rule in s. 28 correct incorrect

Overriding interests under Sch. 3 correct incorrect

The entry of agreed and unilateral notices correct incorrect

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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.

The Property Register, the Proprietorship Register, and the Land Register correct incorrect

The Property Register, the Proprietorship Register, and the Restrictions Register correct incorrect

The Property Register, the Proprietorship Register, and the Title Register correct incorrect

The Property Register, the Proprietorship Register, and the Charges Register correct incorrect

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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.

Initial registration correct incorrect

Compulsory registration correct incorrect

First registration correct incorrect

Subsequent registration correct incorrect

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

Rentcharges correct incorrect

Transfer of unregistered freehold correct incorrect

Transfer of unregistered leasehold with more than seven years to run correct incorrect

The grant of a protected, first legal mortgage correct incorrect

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

Section 26 correct incorrect

Section 27 correct incorrect

Section 29 correct incorrect

Section 58 correct incorrect

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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?

That there is a registrable disposition of a registered estate correct incorrect

Completion by registration correct incorrect

Valuable consideration correct incorrect

Deposit of title deed correct incorrect

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

The Title Register correct incorrect

The Land Charges Register correct incorrect

The Proprietorship Register correct incorrect

The Charges Register correct incorrect

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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.

Section 28 correct incorrect

Section 33 correct incorrect

Sch. 2 correct incorrect

Schedule 3 correct incorrect

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

An interest under a trust of land correct incorrect

An easement correct incorrect

A lease of more than three but less than seven years' duration correct incorrect

An estate contract correct incorrect

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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.

You cannot protect an interest under a trust as it is an informal right correct incorrect

You can enter a restriction correct incorrect

You can enter a notice correct incorrect

You can register a land charge correct incorrect

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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?

Midland Bank v Green (1981) correct incorrect

Lyus v Prowsa (1982) correct incorrect

Lloyd v Dugdale (2001) correct incorrect

Chaudhary v Yavuz (2013) correct incorrect

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

True correct incorrect

False correct incorrect

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

Sections 2 and 27 of the LPA 1925 correct incorrect

Sections 2 and 27 of AJA 1970 correct incorrect

Sections 2 and 27 of the LCA 1972 correct incorrect

Sections 2 and 27 of the LRA 2002 correct incorrect

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

There is an interest capable of being overreached correct incorrect

There is a 'conveyance of a legal estate in land' correct incorrect

Purchase or mortgage monies are paid to at least two trustees or a trust corporation correct incorrect

The interest holder has notice of the intention to overreach correct incorrect

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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.

That it should be abolished as being unfair correct incorrect

That overreaching can with just one trustee where no purchase monies are raised on the conveyance correct incorrect

That a mere equity arising from an unconscionable bargain is a right capable of being overreached correct incorrect

That overreaching could operate even where there was only a single trustee correct incorrect

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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.

That overreaching cannot take place where there is fraud correct incorrect

That Mortgage Express v Lambert (2016) is overruled correct incorrect

That interests arising by estoppel can be overreached correct incorrect

That the grant of an easement does not constitute a 'legal conveyance of an estate in land' for the purposes of s. 2 of the LPA 1925 correct incorrect

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

Overriding interests have existed since the 1925 legislation and are historically entrenched in our law correct incorrect

Overriding interests exist because it is unrealistic to expect a person benefiting from often short-term or informal rights to register them correct incorrect

Overriding interests simplify the conveyancing process correct incorrect

The Government simply has not got round to abolishing the category correct incorrect

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

A number of interests that were overriding under the LRA 1925 lost overriding status correct incorrect

A number of interests that were overriding under the LRA 1925 were phased out over a ten-year period correct incorrect

A number of interests that were overriding under the LRA 1925 were expanded correct incorrect

A new duty of disclosure was introduced for people applying to be registered as title owners to provide the Land Registry with information of any unregistered interests affecting the estate of which they were to be registered proprietor correct incorrect

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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?

Chhokar v Chhokar (1984) correct incorrect

Abbey National v Cann (1991) correct incorrect

Link Lending v Bustard (2010) correct incorrect

Stockholm Finance Ltd v Garden Holding Inc. (1995) correct incorrect

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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.

On 1 January of the year they initiate their claim correct incorrect

The date the registrable disposition is completed correct incorrect

The date of registration of the disposition correct incorrect

Both the date of completion and the date of completion of the disposition correct incorrect

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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?

True correct incorrect

False correct incorrect

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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?

True correct incorrect

False correct incorrect

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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?

True correct incorrect

False correct incorrect

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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?

True correct incorrect

False correct incorrect

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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.

The mirror principle correct incorrect

The curtain principle correct incorrect

The insurance principle correct incorrect

The fairness principle correct incorrect

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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?

Where the claimant's loss was caused wholly or in part as a result of their own fraud correct incorrect

Where the claimant's loss was caused wholly or in part as a result of their own lack of care correct incorrect

If the claim to an indemnity is not brought within six years from the date on which the claimant knew or ought to have known of her claim correct incorrect

If the claim to an indemnity is capricious or otherwise unreasonable correct incorrect