Practical Aspects Of Property And Mortgage Law

Question 1

Which significant 3 acts were introduced in 1925?

Answer 1

Land registration act

Land charges act

Law of property act

Question 2

Easement?

Positive covenant?

Restrictive covenant?

Answer 2

Easement - a right that one property has over another, E.g. right of way, right if light

Positive covenant - a condition of title imposed by an earlier owner stating what subsequent owner-occupier must do

Restrictive covenant - a condition of the title imposed by an earlier owner specifying what an owner-occupier must not do

Question 3

Kevin and Janice married five years ago and lived in the house Kevin bought before their marriage. He is registered as the sole owner. The couple divorced last year but under the family law act 1996, there is a charge over the property to protect Janice’s interest in the property. This charge would be shown in:

A) proprietorship register

B) property register

C) charges register

D) ownership register

Answer 3

C) charges register

Question 4

Karen has put her house on the market. She is registered as the owner at the land registry but at the time of registration she was unable to provide the title deeds or other proof of title. What form of title does Karen have?

A) qualified

B) possessory

C) absolute

D) limited

Answer 4

B) possessory

Karen is the registered owner, but because she did not have the title deeds or other proof of title, there is a possibility that someone else has a claim on the property. Therefor she can not be granted absolute title.

Question 5

How long after taking possession of the land can a squatter apply for ownership of registered land?

A) 10 years

B) 12 years

C) 15 years

D) it is not possible in relation to registered land

Answer 5

A) 10 years

Question 6

Rights over unregistered land are registered in the charges register. True or false?

Answer 6

False

Rights over unregistered land is recorded in the land charges registry

Question 7

What are the implications for a buyer of failing to register previously unregistered land within 2 months of purchase?

Answer 7

The legal transfer becomes void. Title reverts to the previous owner, who holds it in trust for the new owner.

Question 8

Javier’s self-build property inks encircled by land owned by the person who sold him the plot. An easement by necessity will give him a right of way to gain access to his house. True or false?

Answer 8

True

Question 9

Don’s deeds contain a clause forbidding him from having trees in excess of 2m in height on his boundary. The is an example of :

A) positive covenant

B) negative easement

C) easement by necessity

D) restrictive covenant

Answer 9

D) restrictive covenant

Question 10

Vendors are deemed to covenant that they have the right to sell the property. True or false?

Answer 10

True

Vendors are deemed to covenant their right to sell whether or not they sell with full title guarantee.

Question 11

If the owner of a property has chancel repair liability, they will be required to pay for all the repairs to the local church where necessary. True or false

Answer 11

False

The owner will have a liability for repairs to the chancel, which is a specific part of the church. The liability may be shared with other property owners.

Question 12

In the event that a borrower fails to insure the property, what rights, if any, does the lender have under the mortgage deed?

A) to call in the debt

B) to insure the property and debit the borrowers account

C) to insure the property and charge the premiums to the mortgage account

D) the lender has no rights in relation to insuring the property

Answer 12

C) to insure the property and charge the premiums to the mortgage account