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Section A
This Section comprises 15 multiple choice questions (MCQs) Answer all the questions in this Section. Each question carries 2 marks.
MCQ 1
Which of the following events is not a trigger for first registration?
a. The transfer of an unregistered freehold.
b. The creation of a first legal mortgage over unregistered land.
c. The grant of a 6-year lease by deed.
d. The assignment of a 15-year legal lease of unregistered land with 8 years left to run.
MCQ 2
Your client owns a piece of unregistered land, purchased with the assistance of a building society loan. This was secured by a first legal mortgage, which is still subsisting. The client now takes out a loan from a bank, secured by a second legal mortgage to the bank over the land.
How should the bank’s interest be protected?
a. You should register the interest as a Land Charge – Class A Financial Charge.
b. You should register the interest as a Land Charge – Class C(i) Puisne Mortgage.
c. This interest will automatically bind the world as a right in rem and therefore no action is required.
d. You cannot register this as a Land Charge as this will trigger a First Registration under section 4 of the Land Registration Act 2002.
MCQ 3
You are acting for a client purchasing a house, which is currently unregistered land. You have been provided with a bundle of title documents by the seller’s solicitor.
Which one of the following documents would be the most appropriate document to use as the root of title document?
a. Assent dated 29th April 1985 made Clare (Personal Representative) and Jonas (Beneficiary).
b. Deed of gift dated 12th October 1985 made between Jonas (Seller) and Liam (Purchaser).
c. Legal Mortgage dated 5th August 1990 made between First Bank (Lender) and Liam (Borrower).
d. Equitable Mortgage dated 30th June 2004 made between James Farrar (Lender) and Liam (Borrower).
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MCQ 4
Which one of the following interests could have been registered as a land charge under the unregistered land system?
a. An equitable easement created in 1920.
b. A legal easement created in 1930.
c. A restrictive covenant created in 1930.
d. A trust created in 2000.
MCQ 5
If an estate contract is not protected by registration as a C(iv) land charge it will be void as against which one of the following?
a. A ‘purchaser’ of any interest in the land affected.
b. A ‘purchaser for money or money’s worth’ of the legal estate of the land affected.
c. A “bona fide purchaser of a legal estate for value without notice”.
d. The world (everyone).
MCQ 6
In which one of the following circumstances would a purchaser of an unregistered freehold estate not be bound by a registrable land charge?
a. The estate owner’s full name is Matthew Smith. The charge is registered against Matthew Smith but the purchaser does not undertake a search as they did not realise they had to and therefore this does not reveal the charge.
b. The estate owner’s full name is Matthew Smith. The charge is registered against Matt Smith as this is name by which he is known to the mortgagee. The search is made against “Mathew Smith”. This does not reveal the charge.
c. The estate owner’s full name is Matthew Smith. The charge is registered against Matthew Smith, but the purchaser makes the search against Mathew Smith. This does not reveal the charge.
d. The estate owner’s full name is Matthew Smith. The charge is registered against Mathew Smith, but the purchaser makes the search against Matthew Smith. This does not reveal the charge.
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MCQ 7
A lease has been granted to Vince for a term of 2 years for a rent of £12,000.00 per annum, the current market rate. The freehold estate is registered with the Land Registry under title number WYK635272. The lease is in writing and was signed by both parties. The lease commenced in January of this year and Vince went into possession at that time. Which one of the following best describes the interest Vince has acquired?
a. Vince has a legal lease which has been created by the exception under section 54(2) of the LPA 1925.
b. Vince has a legal lease which has been created by Deed in accordance with section 52(1) of the LPA 1925.
c. Vince has an implied legal lease in accordance with the provisions set by Martin v Smith (1874).
d. Vince has an equitable lease which has been created in accordance with section 2 of the Law of Property (Miscellaneous Provisions) Act 1989.
MCQ 8
Which one of the following is not a requirement for a mortgagee’s power of sale to arise under the LPA 1925?
a. The mortgage is by deed.
b. The mortgagor is in arrears with the mortgage repayments.
c. The mortgage monies have become due.
d. The mortgage deed contains nothing that might prevent the power from arising.
MCQ 9
Sarah is a farmer and the legal owner of a piece of open waste ground. Walking his dog across it one day, Adam discovers a solid gold bracelet on the ground. Which of the following statements best describes who would have the better claim over the bracelet?
a. The presumption is Sarah, as landowner, has the better claim to the bracelet.
b. Sarah has a better claim to the bracelet as she has manifested an intention to exercise control over both the land and objects which might be found upon it.
c. The presumption is that Adam, as “finder”, has the better claim to the bracelet.
d. Adam has a better claim to the bracelet as Sarah has not manifested any intention to exercise control over both the land and objects which might be found upon it.
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MCQ 10
Which one of the following situations will not amount to actual occupation for the purposes of establishing an overriding interest under schedule 3 para 2 of the LRA 2002?
a. The person claiming the interest shares the property with the registered owner.
b. The erection of security fencing and placing “No trespassing” notices around the perimeter of a disused commercial warehouse and installing gates and padlocks.
c. There being a security guard staying at the property on behalf of his employer, the employer being the person claiming the interest.
d. The son of the person claiming the interest is living in the property rent-free.
MCQ 11
In relation to a mistake on the title registered by the Land Registry, which of the following circumstances is not one for which an indemnity may be payable?
a. A correction of a mistake on the register which has caused loss.
b. A correction of a mistake on the register which has caused loss due to the applicant’s lack of proper care.
c. A mistake on the register which caused loss before it was rectified.
d. A mistake to the register which is not rectified and has caused loss.
MCQ 12
You are acting for Mark in the purchase of a house with registered freehold title. Your investigations reveal that James is the sole legal owner but holds the property on trust for his children Harry (21) and Tom (18). Which one of the following best describes what Mark should do in order to ensure he takes the house free from Harry and Tom’s beneficial interest?
a. Pay the purchase monies to James.
b. Pay the purchase monies to Harry and Tom.
c. Pay the purchase monies to an appointed trustee.
d. Pay the purchase monies to James and an appointed second trustee.
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MCQ 13
In 2019 Geraint granted Susan, his neighbour, an easement by deed to use the driveway on his property. Both properties are registered freehold. Susan has not registered the easement, but she uses the driveway every day to access the main road. Geraint recently sold his property to Hugh. Which one of the following best represents the position for Susan now?
a. Hugh takes subject to the easement as it is a legal interest and therefore binds the world.
b. The easement is equitable only but Hugh is bound anyway as Susan was in actual occupation when he completed the purchase.
c. The easement is equitable only and it cannot be overriding under Schedule 3 of the Land Registration Act 2002, as an easement cannot amount to actual occupation.
d. The easement is an equitable easement only, but as the shared driveway is obvious on inspection, Hugh takes subject to it as he has implied notice of it.
MCQ 14
Jill recently sold her large garden to Bob together with its surrounding stone wall. In the deed transferring the freehold of the garden and wall to Bob, Bob gave four covenants to Jill, as set out below. Which of these covenants cannot bind Bob’s land, being positive in nature?
a. To ensure that noisy machinery is turned off between midnight and 7am.
b. Not to use the land for any industrial purpose.
c. Not to allow the stone wall to fall into disrepair.
d. To build one house only on the land.
MCQ 15
Which one of the following is not a recognised means of severance of a joint tenancy?
a. Stating clearly in one’s will an irrevocable intention to sever.
b. Granting a charge over one’s “share” to a bank.
c. Writing to all the other joint tenants in accordance with s36(2) of the LPA1925.
d. Court order.
TOTAL for Section A: 30 marks
