Question 1

What is the only possible method of creating a legal mortgage of the freehold estate under the Land Registration Act 2002? Where is this rule laid down?

Accepted Answer

Under the Land Registration Act 2002, th...

Question 2

What is the conclusion in Halifax v. Popeck (2008) in relation to the meaning of valuable consideration in section 29 Land Registration Act 2002?

Accepted Answer

In Halifax v. Popeck (2008), the conclusion in relation to the meaning of valuable consideration in section 29 of the Land Registration Act 2002 was that valuable consideration does not necessarily have to be in the form of money or a tangible asset. The court held that valuable consideration can also include non-monetary benefits or advantages, as long as it is something of value that is given in exchange for the transfer of property rights. This interpretation broadens the scope of what can be considered valuable consideration under the Land Registration Act 2002, allowing for a more flexible and inclusive understanding of the concept.

Question 3

a transferee under a will, will be bound by all prior property rights. Which section of the LRA 2002 applies to such transferee?

Accepted Answer

A) True 
 B)False

Question 4

What kinds of rights are capable of being overreached?

Accepted Answer

In the context of property law, particul...

Question 5

if an 'easement' is made the subject of a notice on the register, even if it does not meet the substantive requirements for being an easement, the fact of its entry on the register will clothe the interest with validity.

Accepted Answer

A) True 
 B)False

Question 6

Explain the effect of the mechanism of overreaching in cases of a legal mortgage.

Accepted Answer

Overreaching in the context of a legal m...

Question 7

Which case confirms that children cannot be in actual occupation in their own right?

Accepted Answer

A)   Hypo-Mortgage Services Ltd v. Robinson
B)   Williams & Glynn Bank v. Boland
C)   Mortgage Corp v. Shaire
D)   Lloyds Bank v. Rossett

Question 8

One of the aims of the Land Registration Act 2002 is to ensure ___ instead of 'registration of title' - see section 58 LRA 2002. (2.5)

Accepted Answer

title by r...

Question 9

Which of the following estates in land does not need to be registered?

Accepted Answer

A)   A legal freehold
B)   A legal lease of less than seven years
C)   A legal lease of more than seven years

Question 10

Which of the following is not one of the grades of title with which a person may be registered? What characterises the other three grades of title?

Accepted Answer

A)   Absolute title
B)   Proper title
C)   Good leasehold title
D)   Possessory title

Question 11

Which section of the Land Registration Act 2002 requires an applicant for registration to disclose those overriding interests of which he is aware?

Accepted Answer

A)   Section 28
B)   Section 71
C)   Section 58
D)   Section 2

Question 12

Someone who has an overriding interest is able to waive the priority of that interest over a purchaser by consenting to the sale or mortgage of the land. Which case tells us that sometimes this consent can be implied?

Accepted Answer

A)   Lloyds Bank v. Rossett
B)   City of London Building Society v. Flegg
C)   Halifax v. Popeck
D)   Paddington Building Society v. Mendelson

Question 13

What is the main barrier to full compliance with the mirror principle in the land registration system?

Accepted Answer

The main barrier to full compliance with...

Question 14

an employee or agent can occupy a premises for the purpose of establishing 'actual occupation' under Schedule 1 and Schedule 3. Justify your answer by reference to case law.

Accepted Answer

A) True 
 B)False

Question 15

By what method should an option to purchase be protected in order to ensure priority against a purchaser for value?

Accepted Answer

A)   Registration under a separate title
B)   Options to purchase will always be overriding interests
C)   Entry of a notice

Question 16

Why was there no overreaching in Williams & Glynn's Bank v. Boland?

Accepted Answer

A)   The beneficiaries did not know that a transaction would take place
B)   The purchaser was acting in good faith
C)   The dealings were with only one trustee
D)   The beneficiary was a family member of the trustee

Question 17

actual occupation is in itself an interest that can be protected under paragraph 2 Schedule 3 LRA 2002.

Accepted Answer

A) True 
 B)False  False

Question 18

Section 23 of the Land Registration Act 2002 outlines the powers of the registered proprietor of land. Which of the following is not one of these powers?

Accepted Answer

A)   Power to sell
B)   Power to make a mortgage by demise
C)   Power to charge the estate at law
D)   Power to create a lease

Question 19

What does Richall Holdings v. Fitzwillliam suggest is the effect of section 58 on the equitable interest?

Accepted Answer

Richall Holdings v. Fitzwilliam is not a widely recognized case in legal literature or case law, and as of my knowledge cutoff in 2023, it does not appear to be a leading or notable case in relation to section 58 or any aspect of property law. It is possible that the case is either fictional, not well-documented, or perhaps incorrectly cited.

However, to provide a general answer to the question regarding the effect of section 58 on the equitable interest, it is necessary to clarify which jurisdiction's legislation is being referred to, as section 58 could pertain to different legal provisions in different jurisdictions.

In the context of English property law, for example, section 58 might refer to a provision in the Law of Property Act 1925 or another piece of legislation that deals with property rights. Generally, in property law, an equitable interest is a right or interest in property that is recognized and enforced by the courts of equity, as opposed to a legal interest, which is recognized and enforced by the common law courts.

If section 58 of a particular statute deals with the creation, recognition, or enforcement of equitable interests, then the case in question (Richall Holdings v. Fitzwilliam) would presumably address how that statutory provision affects those interests. For instance, it might clarify whether the statute confers legal recognition on certain equitable interests, imposes restrictions on them, or provides a mechanism for their protection or conversion into legal interests.

Without specific details about the jurisdiction, the precise statute, and the context of section 58, it is not possible to provide a definitive answer about the effect of section 58 on the equitable interest as it pertains to the case of Richall Holdings v. Fitzwilliam. If you have more information or if there is a specific legal context you are referring to, please provide additional details so that a more accurate and relevant response can be given.

Question 20

Which section of the Land Registration Act 2002 embodies the guarantee of title ensured by the Land Registry?

Accepted Answer

A)   Section 23
B)   Section 58
C)   Section 1
D)   Section 116

Exam 2: Registered Land

What is the only possible method of creating a legal mortgage of the freehold estate under the Land Registration Act 2002? Where is this rule laid down?

Correct Answer
Answered by ExamLex AI
Under the Land Registration Act 2002, th...
View Answer

What is the conclusion in Halifax v. Popeck (2008) in relation to the meaning of valuable consideration in section 29 Land Registration Act 2002?

a transferee under a will, will be bound by all prior property rights. Which section of the LRA 2002 applies to such transferee?

Correct Answer
verified

What kinds of rights are capable of being overreached?

Correct Answer
Answered by ExamLex AI
In the context of property law, particul...
View Answer

if an 'easement' is made the subject of a notice on the register, even if it does not meet the substantive requirements for being an easement, the fact of its entry on the register will clothe the interest with validity.

Correct Answer
verified

Explain the effect of the mechanism of overreaching in cases of a legal mortgage.

Correct Answer
Answered by ExamLex AI
Overreaching in the context of a legal m...
View Answer

Which case confirms that children cannot be in actual occupation in their own right?

Correct Answer
verified

One of the aims of the Land Registration Act 2002 is to ensure ___ instead of 'registration of title' - see section 58 LRA 2002. (2.5)

Correct Answer
verified
title by r...
View Answer

Which of the following estates in land does not need to be registered?

Correct Answer
verified

Which of the following is not one of the grades of title with which a person may be registered? What characterises the other three grades of title?

Correct Answer
verified

Which section of the Land Registration Act 2002 requires an applicant for registration to disclose those overriding interests of which he is aware?

Correct Answer
verified

Someone who has an overriding interest is able to waive the priority of that interest over a purchaser by consenting to the sale or mortgage of the land. Which case tells us that sometimes this consent can be implied?

Correct Answer
verified

What is the main barrier to full compliance with the mirror principle in the land registration system?

Correct Answer
Answered by ExamLex AI
The main barrier to full compliance with...
View Answer

an employee or agent can occupy a premises for the purpose of establishing 'actual occupation' under Schedule 1 and Schedule 3. Justify your answer by reference to case law.

Correct Answer
verified

By what method should an option to purchase be protected in order to ensure priority against a purchaser for value?

Correct Answer
verified

Why was there no overreaching in Williams & Glynn's Bank v. Boland?

Correct Answer
verified

actual occupation is in itself an interest that can be protected under paragraph 2 Schedule 3 LRA 2002.

Correct Answer
verified
False

Section 23 of the Land Registration Act 2002 outlines the powers of the registered proprietor of land. Which of the following is not one of these powers?

Correct Answer
verified

What does Richall Holdings v. Fitzwillliam suggest is the effect of section 58 on the equitable interest?

Which section of the Land Registration Act 2002 embodies the guarantee of title ensured by the Land Registry?

Correct Answer
verified

Exam 2: Registered Land

What is the only possible method of creating a legal mortgage of the freehold estate under the Land Registration Act 2002? Where is this rule laid down?

Correct AnswerAnswered by ExamLex AIUnder the Land Registration Act 2002, th...View AnswerShow Answer

What is the conclusion in Halifax v. Popeck (2008) in relation to the meaning of valuable consideration in section 29 Land Registration Act 2002?

a transferee under a will, will be bound by all prior property rights. Which section of the LRA 2002 applies to such transferee?

Correct AnswerverifiedShow Answer

What kinds of rights are capable of being overreached?

Correct AnswerAnswered by ExamLex AIIn the context of property law, particul...View AnswerShow Answer

if an 'easement' is made the subject of a notice on the register, even if it does not meet the substantive requirements for being an easement, the fact of its entry on the register will clothe the interest with validity.

Correct AnswerverifiedShow Answer

Explain the effect of the mechanism of overreaching in cases of a legal mortgage.

Correct AnswerAnswered by ExamLex AIOverreaching in the context of a legal m...View AnswerShow Answer

Which case confirms that children cannot be in actual occupation in their own right?

Correct AnswerverifiedShow Answer

One of the aims of the Land Registration Act 2002 is to ensure ___ instead of 'registration of title' - see section 58 LRA 2002. (2.5)

Correct Answerverifiedtitle by r...View AnswerShow Answer

Which of the following estates in land does not need to be registered?

Correct AnswerverifiedShow Answer

Which of the following is not one of the grades of title with which a person may be registered? What characterises the other three grades of title?

Correct AnswerverifiedShow Answer

Which section of the Land Registration Act 2002 requires an applicant for registration to disclose those overriding interests of which he is aware?

Correct AnswerverifiedShow Answer

Someone who has an overriding interest is able to waive the priority of that interest over a purchaser by consenting to the sale or mortgage of the land. Which case tells us that sometimes this consent can be implied?

Correct AnswerverifiedShow Answer

What is the main barrier to full compliance with the mirror principle in the land registration system?

Correct AnswerAnswered by ExamLex AIThe main barrier to full compliance with...View AnswerShow Answer

an employee or agent can occupy a premises for the purpose of establishing 'actual occupation' under Schedule 1 and Schedule 3. Justify your answer by reference to case law.

Correct AnswerverifiedShow Answer

By what method should an option to purchase be protected in order to ensure priority against a purchaser for value?

Correct AnswerverifiedShow Answer

Why was there no overreaching in Williams & Glynn's Bank v. Boland?

Correct AnswerverifiedShow Answer

actual occupation is in itself an interest that can be protected under paragraph 2 Schedule 3 LRA 2002.

Correct AnswerverifiedFalse

Section 23 of the Land Registration Act 2002 outlines the powers of the registered proprietor of land. Which of the following is not one of these powers?

Correct AnswerverifiedShow Answer

What does Richall Holdings v. Fitzwillliam suggest is the effect of section 58 on the equitable interest?

Which section of the Land Registration Act 2002 embodies the guarantee of title ensured by the Land Registry?

Correct AnswerverifiedShow Answer

Correct Answer
Answered by ExamLex AI
Under the Land Registration Act 2002, th...
View Answer

Correct Answer
verified

Correct Answer
Answered by ExamLex AI
In the context of property law, particul...
View Answer

Correct Answer
verified

Correct Answer
Answered by ExamLex AI
Overreaching in the context of a legal m...
View Answer

Correct Answer
verified

Correct Answer
verified
title by r...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
Answered by ExamLex AI
The main barrier to full compliance with...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
False

Correct Answer
verified

Correct Answer
verified