Chapter 18 Self-test questions

. ____________ land has had its day.

. C acquires A's registered estate and wishes to rely on the lack of registration defence against B's pre-existing, but unregistered, equitable interest. Which of the following statements best describes the circumstances in which C will be able to rely on the lack of registration defence?

C will always be able to rely on the lack of registration defence.

C will be able to rely on the defence if C has acquired his or her legal estate for value.

C will be able to rely on the defence if: (i) C has acquired his or her legal estate for value; and (ii) B was not in actual occupation of the land when C committed to acquiring his or her right.

C will be able to rely on the lack of registration defence if: (i) C has acquired his or her legal estate for value; and (ii) B was not in actual occupation of the land when C committed to acquiring his or her right; and (iii) C did not know about B's pre-existing right.

. Which of the following best describes how registration under the Land Registration Act 2002 operates in relation to the acquisition of legal estates?

Registration can be seen to operate in the positive sense.

Registration can be seen to operate in the negative sense.

Registration can be seen to operate in both the positive and the negative senses.

Registration can be seen to operate in neither the positive nor the negative senses.

. A legal estate is owned by A. Whilst A is absent abroad, the legal estate is fraudulently registered in X's name. X then borrows money from C and grants C a registered legal charge. In such a case, the principle of indefeasibility of registered title means that there is no possibility of A's recovering the land free from C's charge.

True

False

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