Topic 5 Flashcards

1
Q

Which of the following is true of restrictive covenants?

They:

a. are imposed by HM Land Registry.

b. are imposed by the local authority.

c. usually ‘run with the land’ and are passed on with the property.

d. indicate a right that one person has over the property of another.

A

c. usually ‘run with the land’ and are passed on with the property.

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2
Q

A lender discovers that a borrower has allowed the property insurance on his mortgaged property to lapse.

What steps will the lender typically take when that happens?

a. Allow the borrower a short period in which to reinstate the cover.

b. Call in the mortgage because the terms and conditions have been breached.

c. Pay the premium and charge it to the mortgage account.

d. Switch cover to the lender’s block policy scheme and absorb the cost of the premium for the borrower.

A

c. Pay the premium and charge it to the mortgage account.

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3
Q

Graham has owned his rural cottage, which is on registered land, since 2011. He believes the property may have a chancel repair liability, although the Parochial Church Council (PCC) has not registered an interest at HM Land Registry.

On the basis of the current situation, this means that in relation to a liability for chancel repairs:

a. Graham and any new owner could have a potential liability.

b. Graham could have a potential liability, but a future owner would not have a liability.

c. Graham would not have a liability, but a new owner may have a potential liability.

d. it is no longer possible for the PCC to register a notice of chancel repair liability.

A

a. Graham and any new owner could have a potential liability.

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4
Q

Which of the following is true in relation to easements?

An easement attaches to the landowner, not the land itself.

An easement cannot state that a landowner must fence the land.

Encirclement of a piece of landlocked land leads to an easement of necessity.

They cannot be removed by the courts.

A

Encirclement of a piece of landlocked land leads to an easement of necessity.

It’s necessary to go through another persons property to access yours (right to access). Easements always involve two properties.

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