Title to Land Flashcards
(35 cards)
Which of the following is a registrable disposition under LRA 2002, s 27(2)?
A. Transfer of a registered freehold estate
B. Grant of a short lease (≤ 7 years)
C. Creation of an equitable easement
D. Beneficial interest under a trust
A. Transfer of a registered freehold estate
Explanation: LRA 2002 s 27(2) lists freehold transfers as registrable dispositions
Which event triggers compulsory first registration of unregistered land?
A. Grant of a lease exceeding seven years
B. Creation of a post-1926 restrictive covenant
C. Implied legal easement by prescription
D. Beneficial trust interest arising
A. Grant of a lease exceeding seven years
Explanation: First registrations occur on sale/gift of freehold, leases > 7 yrs, or first mortgages
Which is an overriding interest under LRA 2002, Sch 3?
A. Legal lease of six years
B. Notice-protected equitable interest
C. Registered legal mortgage
D. Restriction-protected trust interest
A. Legal lease of six years
Explanation: Short legal leases (≤ 7 yrs) override registration checks
Under LRA 2002, s 32, to protect an equitable lease you enter:
A. A notice on the Charges Register
B. A restriction on the Proprietorship Register
C. A caution against first registration
D. A cautionary equitable charge
A. A notice on the Charges Register
Explanation: Minor equitable interests (estate contracts, equitable leases) bind when a notice is entered under s 32
To bind purchasers to a beneficial trust interest on registered land, you use:
A. A restriction on the Proprietorship Register
B. A notice on the Charges Register
C. A land charge registration
D. An overriding interest claim
A. A restriction on the Proprietorship Register
Explanation: Trust interests are protected by restrictions under LRA 2002 s 40
Which of these does NOT trigger first registration of unregistered land?
A. Grant of a short lease (≤ 7 yrs)
B. Sale of unregistered freehold
C. Assignment of unregistered lease > 7 yrs
D. First legal mortgage on unregistered land
A. Grant of a short lease (≤ 7 yrs)
Explanation: Only long leases (> 7 yrs), freehold transfers, and first mortgages trigger compulsory registration
Beth enters a valid estate contract for registered land and registers a notice. Owner grants a six-year lease. Beth’s contract is:
A. Overreached by the lease
B. Binding on the lessee by virtue of the notice
C. Void due to lease priority
D. Overriding interest only if occupation shown
B. Binding on the lessee by virtue of the notice
Explanation: Notices bind all subsequent purchasers or lessees for value
Carl has an implied easement over registered land not on the register but obvious on inspection. Purchaser Dan is:
A. Unbound (no registration)
B. Bound as an overriding interest
C. Bound only if notice entered
D. Bound only if actual occupation
B. Bound as an overriding interest
Explanation: Obvious legal easements override registration checks (Schedule 3)
Emma holds a short legal lease (5 yrs) unregistered; buyer Frank pays no attention to the register. Frank is:
A. Free from the lease
B. Bound by the lease as an overriding interest
C. Bound only if inquiry made
D. Bound only if lease protected by notice
B. Bound by the lease as an overriding interest
Explanation: Short leases override registration and bind purchasers
Gina’s equitable easement is protected by entry. Buyer Harry is:
A. Free (equitable easements cannot bind)
B. Bound because notice was entered
C. Bound only if overriding
D. Bound only if actual occupation
B. Bound because notice was entered
Explanation: Equitable easements (minor interests) bind when notices are entered under s 32
Iris has a beneficial interest under a trust and a restriction is entered. Buyer Jack:
A. Takes free if pays two trustees
B. Takes subject to Iris’s interest
C. Takes free if notice entered
D. Takes free as overriding interest
B. Takes subject to Iris’s interest
Explanation: Restrictions bind purchasers; overreaching (payment to two trustees) removes interest
Karl grants Laura a long lease (50 yrs) by deed but does not register. Buyer Mike is:
A. Bound automatically
B. Unbound (lease void until registered)
C. Bound only if occupation obvious
D. Bound only if notice entered
B. Unbound (lease void until registered)
Explanation: Leases > 7 yrs are registrable dispositions and do not take effect at law until registered under LRA 2002 s 27
Nina’s restrictive covenant (post-1926) is not registered. Buyer Oscar is:
A. Bound if he had notice
B. Unbound (void against purchaser for value)
C. Bound as overriding interest
D. Bound only if actual occupation
B. Unbound (void against purchaser for value)
Explanation: Post-1926 covenants must be registered as land charges or they are void against purchasers for value
Paul has a Class C(I) land charge (second mortgage) unregistered. Buyer Quinn is:
A. Bound if notice entered
B. Unbound (void against purchaser for value)
C. Bound if the mortgagee in occupation
D. Bound only if overriding interest
B. Unbound (void against purchaser for value)
Explanation: Puisne (subsequent) mortgages must be registered or are void against purchasers for money
Ruth registers an option on unregistered land within 30 days. Buyer Sam is:
A. Bound only if notice also entered
B. Bound by the land charge registration
C. Bound only if actual occupation
D. Free (options not registrable)
B. Bound by the land charge registration
Explanation: Estate contracts bind purchasers when entered as Class C(IV) land charges
Tina’s pre-1926 easement is not registered. New purchaser Usha is:
A. Bound as overriding interest
B. Bound if notice entered
C. Bound only if Usha has notice (doctrine of notice)
D. Unbound (covenant expired)
C. Bound only if Usha has notice (doctrine of notice)
Explanation: Pre-1926 rights rely on doctrine of notice in unregistered land
Vera buys unregistered land without reviewing deeds. She later discovers an unregistered restrictive covenant. Vera is:
A. Bound anyway (overriding)
B. Bound if she occupies
C. Unbound unless she had notice
D. Bound if covenant registered late
C. Unbound unless she had notice
Explanation: Unregistered covenants bind only if the purchaser has actual, constructive, or imputed notice
Will grants Xavier a beneficial trust interest but pays proceeds to only one trustee. Yale buys. Xavier’s interest is:
A. Overreached
B. Void (trustee rule broken)
C. Binding on Yale (overreaching fails)
D. Protected by restriction
C. Binding on Yale (overreaching fails)
Explanation: Overreaching requires payment to two trustees or trust corporation; payment to one fails to overreach
Zara buys registered land and discovers a right of way exercised for 2 yrs pre-purchase. That easement is:
A. Void (use < 20 yrs)
B. Equitable only
C. Overriding if used ≥ 1 yr
D. Protected by notice
C. Overriding if used ≥ 1 yr
Explanation: Prescriptive or implied easements override if known, obvious, or used for ≥ 1 yr before disposition
Aaron buys unregistered land and later learns of an unregistered estate contract from 2018. He:
A. Remains bound if he had notice
B. Overcomes the contract by occupation
C. Is free (contract unregistered)
D. Bound by overriding interest
C. Is free (contract unregistered)
Explanation: Unregistered estate contracts are void against purchasers for value unless registered as land charges
Beth holds a Class F spouse’s right of occupation unregistered. Charles buys. Beth’s right:
A. Overriding interest
B. Protected by notice
C. Binding if actual occupation
D. Void (land charge unregistered)
C. Binding if actual occupation
Explanation: Spouse’s right of occupation binds if spouse in occupation at sale (Schedule 3 exception)
Dylan grants Emily a right of way in deed but Emily fails to register notice. Fiona buys. Emily’s right is:
A. Overriding (legal easement)
B. Void (no notice)
C. Overreached
D. Protected as an overriding interest if known or obvious
D. Protected as an overriding interest if known or obvious
Explanation: Express legal easements override registration if known or obvious
George grants Hannah a restrictive covenant and registers it on the Charges Register after 31 days. Buyer Ian:
A. Bound (late registration excused)
B. Bound if Ian had notice
C. Bound if Hannah in occupation
D. Free (late land charge registration void)
D. Free (late land charge registration void)
Explanation: Land charges must be registered within 30 days or are void against purchasers for value
Julia sells registered land subject to a short lease but fails to mention it. Kevin buys. The lease is:
A. Void (secret lease)
B. Equitable only
C. Protected by notice
D. Overriding as it is a short legal lease
D. Overriding as it is a short legal lease
Explanation: Short leases (≤ 7 yrs) override the register even if undisclosed