Chapter 2 Multiple Choice questions

. Ruoff has identified three core principles which guide systems of land registration. Which of the following is not one of Ruoff's principles?

The mirror principle

The conclusiveness principle

The curtain principle

The insurance principle

. In registered land, what does the 'registration gap' describe? Which one of the following statements is correct?

The gap between the introduction of the LRA 2002 and its provisions coming into force.

The gap between the date of a transaction involving land (e.g. sale) and the eventual date of registration of that transaction.

The gap between registration of an interest in land and that registration being communicated to the registered proprietor.

The gap between the ambitious stated aims of the LRA 2002 and the legislation's practical impact.

. The introduction of e-conveyancing was provided as a core ambition in legislating for the LRA 2002. Which one of the following statements accurately reflects the position today on e-conveyancing in England and Wales?

E-conveyancing has been introduced and is fully operative in England and Wales.

E-conveyancing is scheduled to be introduced in the next five years in England and Wales.

E-conveyancing in England and Wales is, at present, not regarded as an achievable goal.

E-conveyancing will never be introduced in England and Wales.

. Section 4 of the LRA 2002 makes provision for a series of events that 'trigger' compulsory, first registration. Which of the following is not a principal triggering event under s. 4?

The transfer of any unregistered freehold.

The transfer of any unregistered leasehold.

The transfer of an unregistered leasehold with more than seven years to run.

The grant of a lease for a term of more than seven years.

The grant of a reversionary lease for any term where the lease is to take effect more than three months after the grant.

The grant of a protected, first legal mortgage.

. Section 27 of the LRA 2002 Act lists a series of dispositions (dealings with land) which are 'required to be registered'. These are dispositions of an estate or charge which have already been registered. The statute calls these 'registrable dispositions' and these dispositions can only operate at law if they are completed by registration and the 'relevant registration requirements are met.' Which of the following is not an s. 27 registrable disposition?

The transfer of a registered fee simple.

The transfer of a registered lease (of any duration).

The grant out of a registered estate of a leasehold for a term longer than seven years from the date of grant.

The grant out of a registered estate a leasehold for a term of three years or less from the date of grant.

The grant of a legal charge/mortgage.

The grant or reservation of a legal easement.

. Section 28 provides for the basic rule of priority in registered land, according to which priority is determined by the date of creation. Section 29 is a major exception to this. Which of the following statements accurately reflects the way in which this section operates?

If there is a registrable disposition of a registered estate and that disposition is made for valuable consideration and the disposition is registered, that disposition will take priority over any pre-existing proprietary rights affecting the land except (1) pre-existing interests protected by the entry of a notice on the register; and (2) any overriding interests.

If there is a registrable disposition of a registered estate and that disposition is made for valuable consideration and the disposition is registered, that disposition will lose priority to any pre-existing proprietary rights affecting the land except (1) pre-existing interests, whether or not they are protected by the entry of a notice on the register; and (2) any overriding interests.

If there is a registrable disposition of a registered estate and that disposition is made for valuable consideration and the disposition is registered, that disposition will take priority to any pre-existing proprietary rights affecting the land except (1) pre-existing legal interests; and (2) any overriding interests.

. Which provision of the LRA 2002 determines whether a notice can or cannot be entered to protect an interest in registered land?

S. 27 of the LRA 2002

S. 32 of the LRA 2002

S. 33 of the LRA 2002

S. 40 of the LRA 2002

. Which of the following statements is incorrect regarding how a beneficial interest under a trust of land can be protected in registered land?

A beneficial interest under a trust of land can be protected by the entry of a notice in the Charges Register.

A beneficial interest under a trust of land should be the subject of a Restriction.

Restrictions are entered on the Proprietorship Register.

A Restriction operates as to ensure that, on sale of the land, overreaching takes place.

. Which of the following statements is incorrect as to the operation of the actual occupation provisions in Schedule 3, paragraph 2 of the LRA 2002?

Only proprietary interests as opposed to personal interests suffice as 'qualifying interests' for the purposes of actual occupation under Sch. 3, para. 2.

Interests which have been overreached do not constitute qualifying interests for the purposes of actual occupation under Sch. 3, para. 2.

Interests which are capable of being protected on the register can enjoy a 'dual status' and also amount to overriding interests if coupled with actual occupation.

A qualifying interest coupled with actual occupation will give rise to an overriding interest binding on a successor of the registered estate unless that purchaser has notice (actual, constructive or imputed) of the right.

A qualifying interest coupled with actual occupation will not give rise to an overriding interest where inquiry was made of the interest-holder and the interest was not disclosed when she could reasonably have been expected so to do.

A qualifying interest coupled with actual occupation will not give rise to an overriding interest where the interest-holder's occupation of the land would not have been obvious on a reasonably careful inspection and the person to whom the disposition is made does not actually know of the interest at the time of the disposition.

. The definition of 'actual occupation' is not given in statute and so has been developed incrementally through a series of decided cases. Who made the following statement about it and in which case? 'The degree of permanence and continuity of presence of the person concerned, the intentions and wishes of that person, the length of absence from the property and the reason for it and the nature of the property and personal circumstances of the person are among the relevant factors.'

Lord Wilberforce in Williams & Glyn's Bank v Boland (1981)

Lord Bridge in Lloyds Bank v Rosset (1989)

Nourse LJ in Hypo-Mortgage Services Ltd v Robinson (1997)

Baroness Hale in Stack v Dowden (2007)

Lewison J in Thompson v Foy (2009)

Mummery LJ in Link Lending v Bustard (2010)

Ramsey J in Thomas v Clydesdale Bank plc (2010)

Chapter 2 Multiple Choice questions

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