Deck 3: Unregistered Land

Question 1

the doctrine of notice applies to those interests that must be registered as a land charge.

Answer 1

False

Question 2

What is the effect of section 23 of the Law of Property Act 1969?

A) It reduces the period required to show good title from 30 to 15 years
B) It clarifies the position in relation to the puisne mortgage
C) It imposes a requirement of registration of title
D) It prevents a purchaser from being bound by any interests created more than 15 years ago

Answer 2

A

Question 3

Which of the following is not one of the six classes of Land Charge defined in section 2 of the Land Charges Act 1972?

A) Statutory charges
B) Spouse's matrimonial home right under the Family Law Act 1996
C) Annuities created before 1926
D) Legal leases of less than three years

Answer 3

D

Question 4

What is the effect of section 11(5) of the Land Charges Act 1972?

A) It outlines the position in relation to puisne mortgages
B) It gives the 15 day priority period for the purchaser to complete purchase
C) It reduces the period required to show good title from 30 to 15 years
D) It gives a 30 day priority period for the purchaser to complete purchase

Question 5

If a purchaser of land is engaged in a fraud, will he be bound by unregistered land charges? If yes, what is the justification for this?

Question 6

What two categories of interest are capable of being overreached?

Question 7

What are the other four registers under the Land Charges Act 1972?

Question 8

What is the position of interests arising through estoppel in relation to unregistered land - when will such interests bind a purchaser?

Question 9

What is the effect of section 10(4) Land Charges Act 1972?

Question 10

What is the nature of the right arising from the contract in Walsh v. Lonsdale? Is this right registrable as a land charge?

Question 11

What is a local land charge and how does its method of registration differ from land charges?

Question 12

What is the nature of the right in Armstrong v. Holmes?

Question 13

Why did the court conclude that the purchaser had notice in Kingsnorth Finance v. Tizard?

Question 14

What remedy remained open to the bank in Barclays Bank v. Buhr?

Question 15

In which of the following circumstances would a purchaser be not bound by the registered charge?

A) The charge is registered against Lizzy Jones even though this person's real name is Elizabeth Jones. The search is made against 'Elizabeth Jones'. This does not reveal the charge.
B) As before, the search is made against 'Elizabeth Jones' and the prospective purchaser provides the wrong postcode when making the search.
C) The charge is registered against Elizabeth Jones, but the purchaser only knows her as Lizzy Jones so makes the search against Lizzy Jones using the correct postcode.
D) As before, the charge is registered against Elizabeth Jones and this reveals the charge, but the purchaser does not read the result of the search.

Question 16

Which section of the Land Charges Act 1972 specifies that registration on the Land Charges register is by name, not title?

A) Section 1(3)
B) Section 2(5)
C) Section 11(1)
D) Section 3(1)

Question 17

an unregistered estate contract will be void against a purchaser for money of the equitable estate.

Question 18

a donee of an estate in unregistered land will only be bound by those interests of which they are aware.

Question 19

interests which are capable of being overreached can be registered as land charges.

Question 20

the effect of failure to register an interest as a land charge when this is required will render that interest void as against a purchaser.

Question 21

a mortgagee whose equitable mortgage is protected by the deposit of title deeds must register his interest as a land charge.

Question 22

interests which are capable of being overreached will be overreached if the title is transferred pursuant to a court order.

Question 23

overreaching can occur even where no money is actually paid to the trustees at the time of the transfer.

Question 24

'Valuable consideration' is a narrower concept than 'money or money's worth'.

Question 25

the terms 'imputed notice' and 'constructive notice' are referring to the same thing.

Question 26

Which of the following does not need to be registered as a land charge in the system of unregistered conveyancing?

A) Lease of less than three years
B) Equitable easement
C) A contract to grant a lease of five years
D) Restrictive covenant

Question 27

What mechanism is used to determine whether an interest which is capable of being overreached but which is not, on the facts, overreached will bind a purchaser?

A) Doctrine of notice
B) The concept of good faith
C) The value of the interest when compared with the purchase price paid
D) They will never bind a purchaser

Question 28

What is the only legal interest in land that needs to be registered in a system of unregistered land to ensure that it binds a purchaser?

A) A lease for less than three years
B) An express right to light
C) The puisne mortgage
D) A right to fish in a stream

Question 29

How far back in time does a purchaser need to look to find a proper conveyance to prove a proper chain of title in unregistered land?

A) 30 years
B) 10 years
C) 17 years
D) 15 years

Question 30

The key difference between registered and unregistered land is that the ___ is not recorded on the register. (3.10)