4. Registered Land

Question 0

LRA 2002, s 32

Answer 0

Provides for notice to be entered on charges register for most minor interests

Question 1

LRA 2002, s 27(2)

Answer 1

List of estates and interests that have to be registered in order to be legal - includes

Transfer of freehold or leasehold
New lease for more than 7 years
Express easement for a freehold/leasehold term
Landlord's right of entry
Legal charge (mortgage)

Question 2

LRA 2002, s 29

Answer 2

If an interest is not correctly protected on the register, purchaser takes free from it

Question 3

De Lusignan v Johnson

Answer 3

Buyer had express notice of an estate contract but nevertheless took free from it because it had not been protected

Question 4

LRA 2002, s 40

Answer 4

Restrictions

Question 5

LPA 1925, s 2

Answer 5

Overreaching

Question 6

LPA 1925, s 27

Answer 6

Overreaching only applies where moneys are paid to 2 or more trustees

Question 7

William & Glyn’s Bank v Boland

Answer 7

No overreaching where money is paid to only one trustee - wife has overriding interest

Question 8

City of London Building Society v Flegg

Answer 8

Beneficial interest in home overreached where money paid to two trustees

Question 9

Sch 3 para 1

Answer 9

Legal leases granted for a term not exceeding seven years

Question 10

Sch 3 para 3

Answer 10

Legal easement supplied by implied grant/reservation

Question 11

Sch 3 para 2

Answer 11

Any interest held by a person in actual occupation

Question 12

Webb v Pollmount

Answer 12

There does not need to be any causal connection between the right protected and the occupation provide the protection

Question 13

Chhokar v Chhokar

Answer 13

Wife was in actual occupation while in hospital giving birth

Question 14

Link Lending v Bustard

Answer 14

Person receiving treatment in psychiatric hospital is in actual occupation

Question 15

Kling v Keston Properties

Answer 15

Car belonging to plaintiff’s wife in garage constitutes actual occupation

Question 16

Strand Securities v Caswell

Answer 16

Owner of flat did not occupy via his stepdaughter

But suggested obiter that he might have done so via a servant

Question 17

Abbey National v Cann

Answer 17

Suggested obiter that actual occupation possible via caretaker

Question 18

Stockholm Finance v Garden Holdings

Answer 18

No actual occupation through regular visits by cleaner and driver

Question 19

Lloyds Bank v Rosset

Answer 19

There is actual occupation while works on semi -derelict property are in progress via the builders

Question 20

Chaudry v Yavuz

Answer 20

Use of a metal staircase does not constitute actual occupation

Question 21

Family Law Act 1996, s 30

Answer 21

Spouse or civil partner has the right not to be evicted or excluded if already in occupation, and the right to enter into occupation if not already in occupation

Question 22

FLA 1996, s 31

Answer 22

Right will take effect as a cgarge over house and will last until termination of the marriage or civil partnership, either through death, divorce or dissolution

Question 23

FLA 1996, s 33(3)

Answer 23

Charge may be removed by court

Question 24

Kashmir Kaur v Gill

Answer 24

Court will take purchaser’s situation into account when deciding whether to cancel charge under s 33(3)

Question 25

Land Registration Rules, R230

Answer 25

Mere misspelling of your name regarded as a minor error and would not require for the rectification of the register

Question 26

LRA 2002, Sch 4(1)

Answer 26

Gives either the registrar power to rectify the register or gives the court wide powers to make an order for rectification of the register