Topic 5 Flashcards

1
Q

Which one of the following could be described as an easement?

A. The right to purchase a lease
B. A shared boundary
C. A right of way
D. A restrictive covenant

A

C. A right of way

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2
Q

Which part of HM Land Registry will record a plan of the property?

A. Property Register
B. Charges Register
C. Proprietorship Register
D. None

A

A. Property Register

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3
Q

Which of the following is true of easements?

A. They impose a positive burden on the owner.
B. The two plots must be close to each other.
C. Legally, they pass from owner to owner.
D. They cannot be removed by the courts.

A

B. The two plots must be close to each other.

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4
Q

Which part of the Land Registry will record the rights of second mortgagees?

A. None
B. Charges Register
C. Proprietorship Register
D. Property Register

A

B. Charges Register

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5
Q

In relation to registered land, ‘possessory title’ means that:

A. The title is defective.
B. Absolute title cannot be established.
C. Although the lease is good, it is not possible to confirm freehold title.
D. The land must be freehold.

A

B. Absolute title cannot be established.

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6
Q

Which of the following pieces of information about a property would be found in the Proprietorship Register held at HM Land Registry?

A. A plan of the property
B. Easements affecting the property
C. The class of title
D. The title number of the land

A

C. The class of title

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7
Q

In relation to registered land, ‘qualified title’ means that:

A. A The land is leasehold.
B. Clear title is established.
C. Some or all of the deeds are lost.
D. There is some defect in the title.

A

D. There is some defect in the title.

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8
Q

How can a non-owning spouse’s interest in unregistered land be protected?

A. By entering the details in the Charges Register at HM Land Registry.

B. By registration at the Land Charges Registry.

C. By lodging the relevant details with the title deeds.

D. By registration at the Local Land Charges Registry.

A

B. By registration at the Land Charges Registry.

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9
Q

Which of these would be recorded in the charges register at the Land Registry?

A. Details of the land and its title number.
B. Name and address of the estate and owner.
C. Adverse easements.
D. Class of the title.

A

C. Adverse easements.

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10
Q

A property sold with a full title guarantee is confirmation that it is:

A. situated on registered land.

B. free from encumbrances.

C. unaffected by easements, unless it is regarded as the servient tenement.

D. freehold with absolute title.

A

B. free from encumbrances.

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11
Q

‘Good root of title’ means that the:

A. Solicitor has checked the title deeds for unregistered land for the last 10 years.
B. Spouse’s interests have not been established.
C. Seller is the legal owner.
D. Buyer is legally entitled to buy the property.

A

C. Seller is the legal owner.

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12
Q

Which one of the following would NOT usually be a lender’s right included within a mortgage deed?

A. to insist on a consent to mortgage form on all mortgage applications.

B. to let the property if it has been re-possessed by the lender.

C. that the whole debt becomes due on compulsory purchase order.

D. to insure the property if the borrower fails to do so.

A

A. to insist on a consent to mortgage form on all mortgage applications.

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13
Q

The borrower will NOT covenant to:

A. make payments as required by the contract.
B. sublet only with the lender’s consent.
C. insure the property to his own satisfaction.
D. keep the property in good repair.

A

C. insure the property to his own satisfaction.

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14
Q

Lenders require, as a condition of a mortgage offer, that the borrower’s children aged over 17 sign a form, which will prevent them from gaining an overriding interest under Section 70 of the Land Registration Act 1925. This is known as a:

A. deed of family arrangement.
B. tenancy agreement.
C. consent to mortgage form.
D. disclaimer of interest.

A

C. consent to mortgage form.

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15
Q

Which of the following is a typical covenant with which a borrower undertakes to comply?

A. To let the property only for a short period.

B. Not to let the property without the lender’s prior consent.

C. Inform the lender of all occupants of the property upon request.

D. Notify the lender when any children over the age of 18 leave the home.

A

B. Not to let the property without the lender’s prior consent.

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16
Q

Which of the following is a lender’s right specified in a mortgage deed?

A. To let the property whilst the borrower is temporarily living elsewhere.

B. To comply with the conditions of the title.

C. To insure the property if the borrower fails to do so.

D. To sue for possession but only if the borrower’s account is in arrears.

A

C. To insure the property if the borrower fails to do so.

17
Q

Which of the following would not be a borrower’s covenant?

A. To comply fully with easements
B. To comply fully with negative covenants
C. To comply fully with positive covenants
D. To comply fully with the terms of the freehold

A

D. To comply fully with the terms of the freehold

18
Q

Under the terms of the borrower’s covenants, what access if any, must the borrower allow the lender for inspection purposes?

A. None
B. At all times
C. Any reasonable time
D. Within 28 days written notice

A

C. Any reasonable time