Chapter 4 Scenario questions

. Gerald has recently bought a house that was not registered in the Shropshire countryside to avoid people. Gerald wishes to be left alone, and so, if possible, wishes to avoid being on the land register so long as the consequences are not too grave. What will the effect be if Gerald does not register his ownership of the land?

Gerald will remain the legal owner of the land as he was under no obligation to register the title to the land

The transfer of the land to Gerald will be void and the seller will continue to hold the legal little to the land

Gerald will remain the legal owner of the land, but the seller will become a beneficial owner of the land

The land will escheat back to the Crown

. Gerald, on receiving your advice, has decided that whilst it would have been preferrable to not have been on the land register, the consequences of not doing so are too great, and so acted accordingly. More problematically, it has transpired that the conveyance of the land to him included a 10-metre stretch of land that actually belongs to his neighbour, Temuera. Now that the land has been registered, who is the legal owner of the wrongly transferred stretch of land?

Temuera

The Crown

Gerald and Temuera equally

Gerald

. Sun-Yang is the trustee over an office block on behalf of Yilmaz, who is the sole beneficiary of the trust. It being an office block and Yilmaz only being 17, he has no use for it, so Sun-Yang has decided to rent the office block out to Kulaful Shoes Ltd for 14 years. How should Yilmaz's and Kulaful Shoes Ltd's interests be protected on the land register?

Yilmaz's interest should be protected through the use of a restriction, and Kulaful Shoes Ltd's interest should be protected through the use of a notice

Yilmaz's interest should be protected through the use of a caution against first registration, and Kulaful Shoes Ltd's interest should be protected through the use of a notice

Yilmaz's interest should be protected through the use of a restriction, and Kulaful Shoes Ltd's interest should be protected through the use of an overriding interest

Yilmaz's interest should be protected through the use of a notice, and Kulaful Shoes Ltd's interest should be protected through the use of a restriction

. Yilmaz is also the beneficiary of a 3-bedroom flat in Burnley, and has Sun-Yung, Barry, and Kim as his trustees. Sun-Yung refused to heed your advice in regard the office block and did not enter a restriction on the flat. Barry and Kim have subsequently sold the flat and absconded with the purchase moneys, and Yilmaz has been hiking in Micronesia was for last 8 months but had left most of his belongings in the flat. Will Yilmaz have an overriding interest over the property and be able to stay?

Yilmaz will have an overriding interest over the property, and this overriding will not have been overreached

Yilmaz will not have an overriding interest over the property as he was not in occupation when the transfer took place

Yilmaz will have an overriding interest over the property as he was in actual occupation, but this overriding will have been overreached

Yilmaz will not have an overriding interest over the property as his occupation would not have been visible on a reasonable inspection of the land

. Temuera, Gerald's neighbour and beneficial owner of the incorrectly registered 10 metre stretch of land, wants the land back, as the land is not being used for any purpose. He therefore seeks your advice on whether he can reclaim the legal title to the land – a mistake that Gerald did not contribute to. Can the land register be updated to give the legal title of the 10-metre stretch of land back to Temuera?

No – it is never possible to update the register to address a mistake

Yes – the register can be rectified to give legal title of the land to Temuera

No –the register cannot be rectified to give legal title of the land to Temuera as it would be prejudicial to Gerald

Yes – the register can be altered to give legal title of the land to Temuera

Quiz Content