Chapter 7 Self-test questions

In registered land, the ________ is deemed to have authority to deal with that land as the owner.

Where there is a sole legal owner, a number of possibilities exist in terms of the equitable ownership of the land. Please select all that apply.

The sole legal owner is also the sole equitable owner.

The sole legal owner holds the land on trust for somebody else, who is the sole equitable owner.

The sole legal owner holds the land on trust for him or herself and other equitable owner(s).

The sole legal owner holds the legal title and nobody owns the equitable title.

The starting point for the court, in determining the equitable ownership of the land, is the presumption that the equitable interests in the land follow the registered legal interests.

True

False

When an express trust of land is created, the settlor must ensure that the following formalities are complied with, in order to make the trust enforceable.

The declaration of trust must be evidenced in writing and signed by the settlor.

The declaration of trust must be evidenced in writing but does not need to be signed by the settlor.

The declaration of trust must be made in writing but does not need to be signed by the settlor.

The declaration of trust must be made in writing and signed by the settlor.

The process of "overreaching" means that the interests of the beneficiaries are swept off the land itself and into the___________.

Gabriel has purchased a house from Neelima, who is registered as the sole legal proprietor of the property. Unknown to Gabriel, Collin has an equitable interest in the property. If Gabriel pays his purchase money to two trustees, he does not need to concern himself with Collin's equitable interest.

True

False

________interests are interests in land which may still bind the purchaser, even though they are not recorded on the land register.

Keisha is the sole legal owner of the property. However, her partner, Joel, contributed to the purchase price of the property. Unknown to Joel, Keisha has just sold the property to Rizvan. Rizvan was not aware of Joel's existence. In order to establish an overriding interest that would be binding on Rizvan, Joel must firstly show:

Only that he has an equitable interest in the property.

Only that he is in actual occupation of the property.

That he has an equitable interest in the property and that he is in actual occupation of it.

That he has lived in the property for more than two years.

In order to establish an overriding interest which is binding on the purchaser, the equitable owner must establish that he or she was in actual occupation:

At the date at which the purchase was registered in the land register.

At the date upon which the sale was completed.

At the date that the purchaser first came to view the property.

At the date that the property was put up for sale.

If someone has an equitable interest and is in actual occupation of the property, his or her interest will not override a registered disposition if: Please select all that apply.

He or she does not disclose his or her interest when asked by the purchaser.

His or her occupation would not have been obvious to the purchaser on a reasonably careful inspection of the land, and is not known about by the purchaser.

The purchaser does not ask about his or her interest.

The purchaser does not care about his or her interest.

Quiz Content