Principles of Registration Flashcards
What is the main purpose of land registration?
A) To increase property taxes
B) To simplify land transactions and provide certainty
C) To make private land records publicly available
D) To eliminate third-party interests
B) To simplify land transactions and provide certainty
📌 Explanation: The Land Registry provides an accurate, state-backed record of land ownership and interests.
Which principle of land registration ensures that buyers do not need to investigate beneficial ownership?
A) Mirror Principle
B) Curtain Principle
C) Insurance Principle
D) Adverse Possession Principle
B) Curtain Principle
📌 Explanation: The Curtain Principle hides trust information from buyers, simplifying transactions.
What happens if a legal mortgage is not registered?
A) The mortgage remains valid
B) The mortgage does not take effect in law
C) The mortgagee automatically gains ownership
D) The borrower is released from repayment
B) The mortgage does not take effect in law
📌 Explanation: Under LRA 2002, s 27, a legal mortgage must be registered to be enforceable.
Paul buys a registered freehold property. When checking the register, he finds no reference to an easement, but his neighbor claims a right of way exists.
Can Paul be legally bound by the easement?
A) No, because unregistered rights cannot bind him
B) Yes, if the easement is an overriding interest
C) No, because only legal easements are binding
D) Yes, because all easements automatically transfer with the land
B) Yes, if the easement is an overriding interest
📌 Explanation: Some unregistered interests (overriding interests) still bind a buyer.
Lisa applies for first registration of a property she inherited. She has no title deeds, so the Land Registry assigns her a possessory title.
What risk does Lisa face?
A) The property may be taken back by the Crown
B) Third-party interests could bind the land even if unregistered
C) She can never upgrade to absolute title
D) She loses the land after 5 years
B) Third-party interests could bind the land even if unregistered
📌 Explanation: Possessory title does not protect against pre-existing third-party claims.
Tom buys land that is registered with possessory title. Five years later, Susan claims that her grandfather owned the land and never transferred it legally.
Who has the stronger claim?
A) Tom, if he applies to upgrade to absolute title
B) Susan, because her family were the original owners
C) Neither, because the land reverts to the state
D) Tom, if he has occupied the land for at least 12 years
A) Tom, if he applies to upgrade to absolute title
📌 Explanation: After 12 years of uninterrupted possession, Tom can apply to upgrade to absolute title.
Which of the following is not a principle of land registration?
A) Mirror Principle
B) Curtain Principle
C) Insurance Principle
D) Priority Principle
D) Priority Principle
📌 Explanation: The three core principles of land registration are the Mirror, Curtain, and Insurance Principles. The Priority Principle does not exist.
Which principle ensures that the register accurately reflects all rights and burdens affecting the land?
A) Mirror Principle
B) Curtain Principle
C) Insurance Principle
D) Compensation Principle
A) Mirror Principle
📌 Explanation: The Mirror Principle states that the register should reflect all interests in land, though this is imperfect due to overriding interests.
Why does the Mirror Principle not always work perfectly?
A) Because some interests can be registered incorrectly
B) Because overriding interests exist
C) Because not all buyers check the register
D) Because the Land Registry does not update its records
B) Because overriding interests exist
📌 Explanation: Overriding interests (such as short leases and easements) bind landowners even if not registered, breaking the perfect “mirror” of land ownership.
Which principle simplifies land transactions by ensuring buyers do not need to investigate trust arrangements?
A) Mirror Principle
B) Curtain Principle
C) Insurance Principle
D) Priority Principle
B) Curtain Principle
📌 Explanation: The Curtain Principle keeps beneficial interests hidden behind the “curtain” of legal ownership, making land conveyancing simpler.
Which principle ensures compensation for mistakes in the land register?
A) Mirror Principle
B) Curtain Principle
C) Insurance Principle
D) Reliability Principle
C) Insurance Principle
📌 Explanation: The Insurance Principle guarantees that if the Land Registry makes an error, it will be corrected, and losses will be compensated.
James buys a registered property but later discovers that his neighbor has an unregistered right of way across his land.
Can James be legally bound by this right?
A) Yes, if it qualifies as an overriding interest
B) No, because unregistered rights are not enforceable
C) Yes, if James was verbally informed before purchase
D) No, because overriding interests were abolished by LRA 2002
A) Yes, if it qualifies as an overriding interest
📌 Explanation: Some unregistered rights (e.g., prescriptive easements) can override registered land and still bind future owners.
Sarah applies for first registration of a property she inherited. However, the Land Registry assigns her a possessory title.
What risk does Sarah face?
A) She cannot sell the land until she upgrades the title
B) Third-party claims may still bind the land
C) She will lose the land after 10 years
D) The Land Registry will require her to buy absolute title
B) Third-party claims may still bind the land
📌 Explanation: Possessory title does not protect against pre-existing third-party rights that were not recorded.
Tom owns land with absolute title. His neighbor, Emily, claims she has an unregistered right to use a footpath on his land.
Which of the following best describes the legal position?
A) Emily’s claim is automatically invalid because it is unregistered
B) Emily’s right may still be binding if it qualifies as an overriding interest
C) Tom can remove the path because he holds absolute title
D) Emily needs to sue Tom for ownership of the footpath
B) Emily’s right may still be binding if it qualifies as an overriding interest
📌 Explanation: Some unregistered interests (e.g., long-used rights of way) remain enforceable as overriding interests under the LRA 2002.
Michael buys land but forgets to register the transaction. A few months later, the seller sells the land again to Claire, who registers the title immediately.
Who is the legal owner?
A) Michael, because he bought it first
B) Claire, because she registered first
C) Both Michael and Claire have equal claims
D) The Land Registry decides ownership based on fairness
B) Claire, because she registered first
📌 Explanation: Legal ownership only transfers upon registration (LRA 2002, s 27). Because Claire registered first, she holds legal title.
David buys a freehold house and later discovers a long-standing tenant in occupation who was never recorded on the register.
Can David remove the tenant?
A) Yes, because the tenant was not recorded on the register
B) No, if the tenant has an overriding interest
C) Yes, unless the tenant has lived there for more than 20 years
D) No, because tenants automatically gain ownership over time
B) No, if the tenant has an overriding interest
📌 Explanation: A tenant in occupation may have an overriding interest under LRA 2002, making their rights binding even if unregistered.
Lucy purchases land registered with a mortgage, but the previous owner did not notify the lender before selling. The bank claims Lucy must pay the mortgage or lose the property.
What is Lucy’s strongest legal argument?
A) She is not responsible because she was unaware of the mortgage
B) The bank can only enforce the mortgage against the previous owner
C) Since the mortgage was registered, it is binding on Lucy
D) Lucy can challenge the mortgage under the Insurance Principle
C) Since the mortgage was registered, it is binding on Lucy
📌 Explanation: Registered charges (like mortgages) automatically bind new owners even if the seller failed to inform them.
Ethan holds possessory title over a piece of land for 10 years. A company produces old title deeds proving they owned the land before Ethan.
Who has the stronger legal claim?
A) Ethan, if he applies to upgrade to absolute title
B) The company, because they have documentary proof
C) Neither, because land with possessory title cannot be claimed
D) Ethan, if he has lived there for at least 20 years
A) Ethan, if he applies to upgrade to absolute title
📌 Explanation: After 12 years, a possessory title holder can apply for absolute title under adverse possession rules.
Olivia purchases registered land and checks the Land Registry, which shows no burdens on the title. Six months later, Liam claims he has a legal lease for five years over part of the land, which was never registered.
Does Olivia have to honor Liam’s lease?
A) Yes, because legal leases under seven years are overriding interests
B) No, because it was not registered on the title
C) Yes, because all leases must be honored by a new owner
D) No, because overriding interests were abolished in 2002
A) Yes, because legal leases under seven years are overriding interests
📌 Explanation: Short legal leases (under 7 years) do not require registration but still bind new owners as overriding interests (LRA 2002).
Robert inherits unregistered land from his father but forgets to register it. A year later, he tries to sell the land to Mia, who registers it immediately.
Who is the legal owner of the land?
A) Robert, because he inherited the land first
B) Mia, because she registered first
C) The Land Registry must investigate who has the stronger claim
D) Neither, because unregistered land cannot be transferred
B) Mia, because she registered first
📌 Explanation: Legal ownership of unregistered land does not pass until it is registered (LRA 2002, s 27). Since Mia registered it first, she holds legal title.
