Chapter 3 Self-test questions

. What is the first stage in the process of buying and selling a house? Select one of the following.

The first stage is completion which involves the formal conveyance of land by deed to the new owner.

The first stage is the 'exchange of contracts' which gives rise to an estate contract between the parties.

The first stage is the pre-contractual negotiations or 'pre-exchange', which involves agreement as to the price for the land.

The first stage is to make a request for an abstract of title.

. The contracts exchanged by the parties when a house is sold gives rise to an interest in land known as an 'estate contract' but what is the status and significance of this contract? Select one of the following.

The estate contract is a historical over-hang which continues to exist merely through customary practice.

The estate contract is a binding contract registrable as a land charge that can be enforced by the parties in the event of default/breach.

The estate contract provides for the handing over of the keys to the property and is therefore the vital, final step in the conveyancing process.

The estate contract comprises a list of all relevant land charges affecting the land in question.

. When land is being sold or purchased, a key step is 'investigation of title' but what does this involve? Select one of the following.

Investigation of title is the responsibility of the seller; making sure the land is in a fit state to be sold.

Investigation of title is the responsibility of the buyer; making sure the land is in a fit state to be purchased.

Investigation of title requires the vendor to produce an 'abstract of title' from which a good root of title going back at least 30 years must be established.

Investigation of title requires the vendor to produce an 'abstract of title' from which a good root of title going back at least 15 years must be established.

. How is the enforceability of third-party rights in unregistered land determined? Which one of the following statements is incorrect?

A distinction must be drawn between legal and equitable rights as to enforceability in unregistered land.

In unregistered land, legal rights are binding on the whole world under the principle of universal enforceability subject to one exception.

In unregistered land, all equitable rights are registrable as land charges; such registration determining their enforceability.

In unregistered land, a partial form of registration exists for land charges though this is quite different to the land registration system under the LRA 2002.

. In unregistered land, what is the legal interest that forms the exception to the rule that legal interests automatically bind the whole world? Select one of the following.

A legal lease.

A legal easement.

An equity arising by estoppel.

A puisne mortgage.

. In what way is the partial system of land charges registration in unregistered land different to the system of registration under the LRA 2002? Select one of the following.

The two systems are not different; merely the land charges system is older and now less used than that under the LRA 2002.

The two systems are different because registering land charges is far easier, quicker and cheaper than registration under the LRA 2002.

The two systems are different because registering land charges does not guarantee the enforceability of the registered interests unlike under the LRA 2002.

The two systems are different because registration of land charges involves name-based registration rather than title-based registration under the LRS 2002.

. Certain equitable 'commercial' rights are registrable, in unregistered land, as land charges under the partial registration system of the Land Charges Act 1972. How is enforceability of family interests and other non-registrable, non-overreachable, and non-overreached rights determined in unregistered land? Select one of the following.

Family interests, non-registrable, non-overreachable, and non-overreached rights cannot be protected in unregistered land and therefore can never be binding.

Family interests, non-registrable, non-overreachable, and non-overreached rights are registrable as Class D land charges under the LCA 1972.

Family interests are non-binding in all contexts but non-registrable, non-overreachable, and non-overreached rights are governed by the doctrine of notice.

Family interests are protected by the doctrine of overreaching; non-registrable, non-overreachable, and non-overreached rights are governed by the doctrine of notice.

. Which statutory provision provides that registration of a land charge amounts to actual notice of the interest and will bind anyone coming to the land over which that land charge operates? Select one of the following.

Section 1 LPA 1925

Section 2 LPA 1925

Section 27 LPA 1925

Section 198 LPA 1925

Quiz Content