MCQS Flashcards
What is the concept of overreaching?
A buyer buys land free of any beneficial interests, provided the money is paid to two trustees.
Can a property be subject to any leases, even if there is no reference on the land registry of the title to the property?
There could be legal leases for 3 years or less affecting the property which are not in writing and are binding although not registered.
If the land to be benefited is identified in the transfer, what does this show?
This is a statutory annexation which shows who has the benefit.
In what circumstances will a person have an overriding interest?
Beneficial interest under a constructive trust - e.g. making a direct financial contribution (paying the mortgage).
Someone who has actual occupation.
When will an easement appear on the property register, and when will it appear on the charges register?
Will be a registrable disposition if created by deed after Oct 2003.
Easement that burdens the property will go on the charges register.
Easement that benefits the property will go on the property register.
When can a partner claim a right of occupation when they are not the owner?
As long as the property was, is or intended to be the matrimonial home and as long as the partners are still legally married or in a civil partnership.
However, to protect the interest, it must be registered as a notice on the charges register of the owners title.
Are covenants capable of being legal?
No
For an easement to be legal, it must be created by deed, but when will it only take effect at law?
If the easement is registered as a registrable disposition.
Are overriding interests binding?
Yes, even if they are not mentioned on the registered title.
What are the obligations upon the landlord on receiving the tenants request for consent to assign the lease?
Landlord must act reasonably in deciding whether to give consent and it must give reasons for the refusal.
Unity of title
If two joint tenants intend to share a property together, even if they have separate agreements, they will still be classed as having unity of title.
Unity of interest
Requires that joint tenants have just one set of obligations, including the obligation to pay rent.
When does doctrine of notice apply?
On unregistered titles, so if you have been given notice that someone has an interest in the property, this will bind you, as a potential buyer.
What is the maximum number of people who can hold the legal title of land?
Where a conveyance is made to more than 4, the legal title will vest in the first 4 named in the conveyance who are able and willing to be trustees.
Service occupancy
When an employer requires an employee to live in a specific property to perform their job duties better.
The employer gives the employee a personal licence to occupy the property for the duration of their employment.
