Chapter 5 Self-test questions

. Which of the following classifications of property right are not relevant to registration of title?

Overriding interests.

Interests which are the subject of an entry on the register.

Rights which are registrable as Land Charges.

Mortgage by registered charge.

. The boundaries shown on the 'file plan' attached to the register of title are usually only 'general'. What does this mean?

The Land Registry guarantees the exact position of the boundary.

The Land Registry guarantees the position of the boundary to within 10 centimetres.

The plan indicates only the approximate position of the boundary.

The Land Registry guarantees the position of the boundary to within one metre.

. A registered estate is 'dominant' to an easement or restrictive covenant. Which of the following propositions is correct?

The easement or restrictive covenant may be included in the property register of the dominant land, but such inclusion is not compulsory.

The easement or restrictive covenant must be included in the property register of the dominant land if it was created after 12^th October 2003.

The easement or restrictive covenant must always be included in the property register of the dominant land, whenever the right was created; otherwise the right will be void.

The easement or restrictive covenant will never appear on the register of the dominant land.

. Which of the following transactions with an unregistered freehold estate does not trigger compulsory first registration?

A deed of gift.

A puisne mortgage.

An assent executed by personal representatives.

A first legal mortgage where the mortgage takes possession of the title deeds.

. An existing unregistered leasehold estate is assigned. In what circumstances will this assignment trigger first registration of the lease?

Where the lease, when it was granted, was for more than seven years. The period unexpired is irrelevant.

When, at the time of the assignment, there is more than seven years of the lease unexpired.

When, at the time of the assignment, the freehold reversion is registered title.

When, at the time of the assignment, there is more than 21 years of the lease unexpired.

. Abu was owner of Willow Field (unregistered title) from 1970. In 2015, Abu and Bertram signed an equitable lease for ten years over the field. Bertram pastures his cows in the field, and is seen every day in the field looking after them. He did not register his equitable lease as a Class C(iv) Land Charge.
Abu has just sold the field, for £150,000, to Carlos, who has become the first registered proprietor. The Land Registry has entered a notice 'protecting' Bertram's equitable lease. Is Carlos bound by the equitable lease?

Yes, because the notice entered by the registry preserves the equitable lease.

Yes, because Bertram is in actual occupation and his interest will be an overriding interest within Sch 1 para 2 of the Land Registration Act 2002.

No, because the equitable lease is void against Carlos as a purchaser for money.

Yes, because Carlos must have had notice of the equitable lease when he saw Bertram and his cows.

. In what circumstances, after 12^th October 2002, is the grant of an easement subject to compulsory registration?

In all circumstances, and irrespective of whether the servient land is registered or unregistered title.

In all circumstances where the servient land is registered title.

Where the easement is expressly granted by deed and lasts for ever or a fixed term of years, and the servient land is registered title.

In all circumstances where the dominant land is registered title.

. If the Land Registry registers a freehold title as 'possessory' title, what is the value of that title?

It is a clear guarantee of ownership.

It has no real value; the registry is merely acknowledging that the registered proprietor is in control of the land.

After 12 years unchallenged possession the title will be upgraded to absolute, and the proprietor will then have a clear guarantee of ownership.

After 15 years unchallenged possession the title will be upgraded to absolute, and the proprietor will then have a clear guarantee of ownership.

. What is the effect of the Land Registry granting a lease the 'good leasehold' grade of title?

There is a firm guarantee that the lease is valid and that the registered proprietor is owner of the lease.

The Registry merely acknowledges that the person claiming to be lessee is in control of the land.

On the assumption, which is not guaranteed, that the landlord's title is sound, there is a firm guarantee that the lease is valid and that the registered proprietor is owner of the lease.

It guarantees the proprietor's title if it is not challenged within 12 years.

. In what circumstances can a 'good leasehold' title be upgraded to 'absolute leasehold'.

Never.

After the lease has been registered for 12 years and its validity has not been challenged.

If, while the lease is running, the freehold reversion is registered with an absolute title.

If the lease is assigned to a purchaser.

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