Chapter 3 Self-test questions

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. Which of these statements is true?

All land in England and Wales is registered land. correct incorrect

Most dealings with land in England and Wales are now governed by the Land Registration Act 2002. correct incorrect

Owners of unregistered land are under a legal duty to register that land. correct incorrect

If land is registered, any dealing with that land must be registered. correct incorrect

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. Which of these statements is false?

The special physical features of land mean that registration plays a particularly prominent role in dealings with land. correct incorrect

In designing a registration system, there is a tension between dynamic security and static security. correct incorrect

A key aim of modern land registration systems is to give protection to parties hoping to acquire a right in land. correct incorrect

A successful registration system must fully implement the mirror, curtain, and insurance principles correct incorrect

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. Which of the following points is an accurate comment on the Court of Appeal's decision in Swift 1^st Ltd v Chief Land Registrar [2015] EWCA Civ 330, [2015] 3 WLR 239?

The Court of Appeal found that the earlier decision in Malory Enterprises was correct as far as the LRA 1925 was concerned, but did not apply to the LRA 2002. correct incorrect

The Court of Appeal distinguished the earlier decision in Malory Enterprises and so took a different approach to the question of whether Mrs Rani had an equitable interest in the land. correct incorrect

The Court of Appeal held that the earlier decision in Malory Enterprises had been decided per incuriam as it had overlooked the effect of particular provisions of the LRA 1925 and so held that it did not have to follow the approach take in Malory. correct incorrect

The Court of Appeal adopted the same approach to interpreting the LRA 2002 as adopted by Newey J in Fitzwilliam v Richall Holding Services Ltd. correct incorrect

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. Gardner has described the scheme of the LRA 2002, in one aspect at least, as a "tragic mess". Which of the following is the best explanation of why Gardner reaches that conclusion?

The Law Commission and the drafters of the LRA 2002 did not clearly resolve the tension between dynamic security and static security. correct incorrect

Judges have failed to adopt the "change in attitude" urged by the Law Commission and have twisted the wording of the LRA 2002 to protect unregistered parties. correct incorrect

The provisions of the LRA 2002 would work well if e-conveyancing were operational, but have been undermined by its absence. correct incorrect

The LRA 2002 was flawed because the Law Commission did not deal properly with the decision in Malory Enterprises Ltd. correct incorrect