Chapter 3 Multiple choice questions

. Which one of the following is NOT one of the principles upon which the system of registered land is built?

Mirror

Insurance

Title

Curtain

. What is the name of the category of interests that binds a purchaser of registered land despite not appearing anywhere on the register?

Overriding interests

Overreachable interests

Legal interests

Personal interests

. Details of third party interests burdening a piece of registered land will generally appear on which part of the register?

The property register

The charges register

The land charges register

The proprietorship register

. Which one of the following is NOT an event to trigger registration of title for the first time?

A gift of an unregistered freehold estate to another.

The grant of a leasehold estate of more than seven years in duration.

The assignment of an unregistered leasehold estate with less than seven years in duration.

The creation of a first legal mortgage.

. A disposal of a registered freehold / leasehold estate must itself be registered to convey legal title in accordance with which statutory provision?

Section 4 LRA 2002

Section 40 LRA 2002

Section 27 LPA 1925

Section 27 LRA 2002

. Which one of the following statements is TRUE?

A person who has been gifted registered land will be bound by an equitable easement over that land which has not been entered on the register as a notice.

An interest which has been entered on the register as a notice will only bind a purchaser of that registered land if he meets the requirements of overreaching.

A purchaser of registered land for valuable consideration cannot be bound by a four year equitable lease that exists over that land where the lease has not been entered on the register as a notice.

An impliedly created legal easement over registered land will have been entered on the register as a notice by the registrar by virtue of s38 LRA 2002.

. Which one of the following statements is FALSE?

A beneficial interest under a trust should be protected by entry of a restriction on the register.

Where a restriction has not been entered on the register in relation to a beneficial interest under a trust, that interest cannot bind a purchaser.

A restriction entered on the register in relation to a beneficial interest under a trust will inform the purchaser of the need to pay purchase monies to at least two trustees.

Restrictions are found on the proprietorship section of the register.

. Which one of the following statements is FALSE in respect of establishing an overriding interest under SCH 3 para 2?

The interest in question must have proprietary status.

The person claiming the interest must (generally) have been in actual occupation of the land to which the interest relates.

Actual occupation need only exist at the date of registration.

A holder of an interest will not be able to enforce it against a purchaser under Sch 3 para 2 where he has failed to disclose his interest when asked.

. What type of interest is an overriding interest under Sch 3 para 1?

Legal leases of seven years or less in duration

Legal leases of more than seven years in duration

Impliedly created legal easements

Expressly created legal easements

. Which one of the following is NOT a case that has helped to clarify what is meant by actual occupation under Sch 3 para 2?

Chhokar v Chhokar (1984)

Williams & Glyn's Bank Ltd v Boland (1981)

Strand Securities v Caswell (1965)

Stockholm Finance Ltd v Garden Holdings Inc (1991)

. Hector has entered into a written agreement with Jules that Jules will first offer Hector the opportunity to purchase the registered estate of Greenacre should Jules decide to sell. It contains all the details and is signed by both parties. What should Hector do to ensure that this right is protected?

He should enter a notice onto the register of Greenacre under s32 Land Registration Act 2002

He should enter his interest on the Land Charges Act 1972 as a class C (iv) interest

He should move into Greenacre so his interest is over-riding

He can't protect his interest as it isn't legal.

. Charles contributed to the purchase of Greenacre when Hector and Jules purchased the land. Charles lives there with them. Kalid has just purchased Greenacre, viewing the property while Charles was on holiday. Charles is demanding that he be allowed to still live at Greenacre but Kalid is demanding he leave.

Charles must leave Greenace as his beneficial interest has been over reached

Kalid must let Charles stay at Greenacre

Kalid can sue Hector and Jules for breach of contract

Charles never had an interest in the land and must leave

Chapter 3 Multiple choice questions

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