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Chapter 3 Multiple Choice questions
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Chapter 3 Multiple Choice questions
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not completed
.
Which of the following statements about the scope of unregistered land today is correct?
Today, no titles in England and Wales are unregistered.
correct
incorrect
Today, just over 15% of titles in England and Wales are unregistered.
correct
incorrect
Today, just over 30% of titles in England and Wales are unregistered.
correct
incorrect
Today, just over 50% of titles in England and Wales are unregistered.
correct
incorrect
Today, just over 90% of titles in England and Wales are unregistered.
correct
incorrect
*
not completed
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Legal interests in unregistered land are binding against the whole, subject to one significant exception. Which of the following legal interests in unregistered land will
not
be binding on a purchaser of the land?
Legal leases
correct
incorrect
Legal easements
correct
incorrect
Puisne mortgages
correct
incorrect
Options to purchase
correct
incorrect
*
not completed
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So-called 'commercial interests' in unregistered land are registrable as land charges but under which statute?
Land Charges Act 1925
correct
incorrect
Land Charges Act 1955
correct
incorrect
Land Charges Act 1972
correct
incorrect
Land Charges Act 1992
correct
incorrect
Land Charges Act 2002
correct
incorrect
*
not completed
.
The registration of a restrictive covenant over unregistered land is governed by which of the following provisions?
Class C(i) Land Charge under s.2 of the LCA 1972
correct
incorrect
Class C(iii) Land Charge under s.2 of the LCA 1972
correct
incorrect
Class D(ii) Land Charge under s.2 of the LCA 1972
correct
incorrect
Class D(iii) Land Charge under s.2 of the LCA 1972
correct
incorrect
*
not completed
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Should an equitable easement over unregistered land (created after 1926) not be protected by registration as a Class D(iii) Land Charge, what is the consequence of the enforceability of the easement?
Despite non-registration, as the easement is equitable it remains binding on anyone acquiring the land.
correct
incorrect
The equitable easement will be binding against the world except those acquiring the land under a will.
correct
incorrect
The equitable easement will be void as against a purchaser of any estate in the land.
correct
incorrect
The equitable easement will be void as against a purchaser of a legal estate in the land for money or money's worth.
correct
incorrect
The equitable easement will be void against the world.
correct
incorrect
*
not completed
.
Which of the following provisions defines 'purchaser' for the purposes of registration of interests in unregistered land under the LCA 1972?
S. 1 of the LCA 1972
correct
incorrect
S. 2 of the LCA 1972
correct
incorrect
S. 4 of the LCA 1972
correct
incorrect
S. 17 of the LCA 1972
correct
incorrect
S. 27 of the LCA 1972
correct
incorrect
*
not completed
.
Which of the following statements is incorrect as to the registration of interests under the LCA 1972?
S. 2 of the LCA 1972 provides for the register of land charges and the different classes of land charges.
correct
incorrect
S. 4 of the LCA 1972 provides for the effect of land charges and the protection of purchasers of unregistered land.
correct
incorrect
S. 198 of the LPA 1925 provides that registration of unregistered interests as land charges is deemed as constituting actual notice of those interests to anyone acquiring the land.
correct
incorrect
Land charges are registered against the name of the estate owner over which the interests operate.
correct
incorrect
Land charges are registered against the estate over which the interests operate.
correct
incorrect
*
not completed
.
To what extent does the doctrine of notice continue to play a role in unregistered land conveyancing?
The doctrine of notice no longer plays any role in unregistered land conveyancing.
correct
incorrect
The doctrine of notice only applies if expressly provided for by the parties in the conveyance.
correct
incorrect
The doctrine of notice applies in the event of non-registration of a registrable 'commercial' unregistered interest.
correct
incorrect
The doctrine of notice applies to non-registrable, non-overreachable and non-overreached interests.
correct
incorrect
*
not completed
.
The case of
Kingsnorth v Tizard
(1986) is an important decision for its discussion of the doctrine of notice. Which of the following statements is incorrect as to the court's judgment?
The bank was found to have constructive notice of Mrs Tizard's interest and its action for possession of the family home failed.
correct
incorrect
Mr Tizard's description of himself as 'single' and 'separated' from Mrs Tizard when coupled with evidence of children of the family should have prompted the bank to make further, 'reasonable' enquiries which would have revealed Mrs Tizard's interest in the family home.
correct
incorrect
What amounts to 'reasonable' inspection and enquiries is dependent on all the circumstances of each individual case.
correct
incorrect
It would, in almost every case, be reasonable to expect that cupboards and drawers be opened and inspected.
correct
incorrect
If the object of the inspection is to ascertain who is in occupation, a pre-arranged visit at the time and date designed to suit the vendor does not meet this objective.
correct
incorrect
*
not completed
.
The litigation in the case of
Midland Bank v Green
(1980) is an important decision for its discussion of the effect of non-registration of an unregistered interest capable of registration as a land charge. Which of the following statements is incorrect as to the court's judgment?
At first instance, the court found that Geoffrey's option to purchase was unenforceable as it had not been duly registered and the sale of the farmland from Walter to Evelyne fell within the definition of 'purchaser' under the relevant legislation.
correct
incorrect
The Court of Appeal found that Evelyne was not a 'purchaser' as the sale of the farmland had been orchestrated to defeat Geoffrey's option and the £500 paid for the land was a grotesque undervalue.
correct
incorrect
The House of Lords departed from the decision of the Court of Appeal, asserting the primacy of registration and the clearly-worded effects of non-registration under the Land Charges legislation.
correct
incorrect
The House of Lords confirmed that where a purchaser of unregistered land has actual notice of an unregistered interest, that interest will be binding despite its non-registration.
correct
incorrect
The House of Lords held that an action in the tort of conspiracy lay against Walter and Evelyne.
correct
incorrect
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