Title to Land MCQs Flashcards
A farmer is selling his freehold farm which he acquired in 1979. He has handed the unregistered title deeds to his solicitor, but there is one small field to which he has no deeds. He confirms that he has farmed that field since 1979 without anyone else’s permission. The solicitor has recommended that an application be made to HM Land Registry for voluntary first registration of title to the field.
Which of the following best describes the class of title which is likely to be granted if the field is registered?
a) Absolute.
b) Possessory.
c) Qualified.
d) Good leasehold.
e) No class of title.
B. Possessory
This is because a possessory title will normally be granted at the time of first registration of the title to the land where the unregistered title was based either on adverse possession or on title deeds which had been lost or destroyed.
A solicitor is acting for the buyer of a country cottage built around 150 years ago. Access to the cottage from the nearest public highway is over an unadopted track which has unregistered title. The seller has produced satisfactory evidence to establish that the cottage has the benefit of a prescriptive right of way over the track. However, the registered title to the cottage makes no mention of any such right of way.
Which of the following statements correctly describes the advice which the solicitor should give to the client regarding the access over the track?
a) The right must be completed by registration in the title to the cottage, otherwise it is ineffective at law.
b) The right is not registrable in the title to the cottage as it was created by prescription and can therefore only exist in equity.
c) The right takes effect as a legal easement for the benefit of the cottage even though it is not registered in the title to the cottage.
d) The right takes effect as a legal easement but must be registered in the title to the cottage in order for the benefit to pass to subsequent owners.
e) The right must be registered as a land charge in order to be effective and bind the owners of the unregistered track.
C
A building company is purchasing a plot of development land which it intends to use for residential housing. The land has registered freehold title. The official copy register entries of the title show that the land is registered with a possessory class of title.
Which one of the following statements concerning possessory class of title is correct?
a) It is only granted where the applicant for first registration was able to produce title deeds, but these were not sufficient to show a good holding title.
b) It can be granted only if the applicant for first registration is in actual possession of the land or in receipt of the rents and profits from it (s9(5) Land Registration Act 2002).
c) It has the same effect as absolute title, except that it is subject to the adverse possession of a third party subsisting at the time of first registration.
d) It is a permanent class of title granted at the time of first registration and cannot subsequently be altered.
e) It is only granted in cases where the applicant for first registration was in adverse possession of the land.
B
This is because, as the name indicates, it can only be granted where the applicant for first registration is in possession of the land.
A couple are buying a house and attend a meeting with their solicitor to go through the purchase documentation. The house has a registered title and their solicitor shows them the title plan and explains its significance.
Which one of the following statements is correct in relation to most title plans?
a) It shows the precise position of the legal boundaries of the registered title.
b) It shows the title numbers of any adjoining registered titles over which the property has the benefit of easements.
c) It shows the general position of the legal boundaries of the registered title.
d) It shows whether any roads adjoining the property are registered under their own title number.
e) It shows the physical nature of the legal boundaries of the registered title.
C
This is because most title plans show only the ‘general boundaries’ of the registered title. A general boundary does not determine the exact line of the boundary (s60 Land Registration Act 2002). In some cases, a title plan will show a ‘determined boundary’ depicting the precise legal boundary, but such cases are very rare.
