Topic 5 - Practical aspects of property and mortgage law Flashcards
Which Land Registry register holds details of the nature and class of title applying to a property?
The property register.
The proprietorship register.
The charges register.
The proprietorship register - The property register contains details of the land, its title number and a plan of the property. The charges register records any charges over the property.
If registered land has been intentionally occupied for ten years without objection from the registered owner, the occupier can claim title to the land. This is known as:
possessory title.
squatters’ rights.
qualified title rights.
squatters’ rights. - Possessory title occurs when the owner is unable to produce the title deeds or other proof of title when the property is first registered. On application to the Land Registry with sufficient other evidence of ownership, they may be given possessory title, but they could still face a claim from someone else to be registered as legal owner.
Qualified title is rare and occurs where there is some defect in the title as registered, and so absolute or good leasehold title cannot be guaranteed. The title is given, subject to any defect.
Pamela and Gareth are buying a house that is not yet registered with the Land Registry. Within what period must an application for first registration be registered?
14 days.
30 days.
2 months.
2 months - The deadline for unregistered land is two months. The 30-day deadline applies to registered land.
Which of the following statements apply to easements? Select all that apply.
1 - Easements are a right that one property has over another.
2 - The two plots do not have to be close together.
3 - The benefit applies to the property rather than the owner.
4 - Encirclement creates an easement by necessity.
5 - Easements can generally impose a positive burden on a property.
6 - The property over which the right is held is called the ‘servient tenement’.
1,3,4&6 - The two plots must be close together. With one or two exceptions, an easement cannot impose a positive burden on the servient tenement, ie cannot demand that the owner acts.
Requiring a property owner to maintain a fence on the property is an example of a:
restrictive covenant.
positive covenant.
conditional covenant.
positive covenant -
Requiring the owner to do something is a positive covenant.
Manolo has discovered that there is a restrictive covenant on his property and wishes to remove it. He is unable to trace the beneficiary of the covenant. What can he do?
He cannot remove the covenant if he cannot find the beneficiary.
He can remove the covenant by default if all neighbours affected by its removal agree.
He can take out an indemnity policy.
He can take out an indemnity policy. - The covenant is between the property and the original beneficiary, so neighbours would have no say in its removal. If Manolo cannot trace the beneficiary, he can arrange an indemnity policy to cover him in the unlikely event of a future claim.
The local parochial church council has the right to ask the owner of the house John is buying to contribute to repairs to the parish church. Such a charge would apply to repairs to:
the nave only.
the chancel only.
any part of the church.
the chancel only -
This describes chancel repair liability, and applies to the chancel only. If the parochial church council successfully registered the charge with the Land Registry before John bought the property, he would have the liability.
The right under the Family Law Act 1996 for a non-owning spouse to enter and occupy their spouse’s registered property would be entered on the Land Registry:
proprietorship register.
property register.
charges register.
The legislation recognises the right of a non-owning spouse to register an interest in the property through a formal entry on the charges register at the Land Registry for registered land, or the land charges register for unregistered land.
Aisha is applying for a mortgage to buy a house in her sole name, and has agreed that her older brother Aabir can live with her. Why would the lender require a signed ‘consent to mortgage’ form from Aabir?
It will prevent him from gaining rights over the property.
He will be guaranteeing the mortgage if Aisha cannot make payments.
He will be contributing rent, which will be taken into account when assessing the application.
It will prevent him from gaining rights over the property. - Signing a ‘consent to mortgage’ form removes the overriding rights gained by adults who occupy the property but are not registered as legal owners.
Which of the following would not be a lender’s right under a mortgage deed? To:
take possession if the borrower defaults on the mortgage.
insure the property if the borrower fails to do so and charge premiums to the mortgage account.
let the property if it has been repossessed.
take possession if the borrower defaults on the mortgage. - The lender must seek a court order before it can take possession; it is not an automatic right contained in the mortgage deed, but a legal remedy available in the event of default.
James is buying a leasehold flat with a mortgage. How would the mortgage paperwork state the requirement for him to comply with the terms of the lease?
Within the lender’s rights in the mortgage deed.
As a borrower’s covenant in the mortgage deed.
As a standard condition in the mortgage offer.
As a borrower’s covenant in the mortgage deed.
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 interests in the property. This charge would be shown in the:
proprietorship register.
ownership register.
charges register.
property register
charges register.
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?
Absolute.
Limited.
Possessory.
Qualified.
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. Therefore she cannot be granted absolute title.
How long after taking possession of the land can a ‘squatter’ apply for ownership of registered land?
It is not possible in relation to registered land.
15 years.
10 years.
12 years.
10 Years
Rights over unregistered land are registered in the charges register. True or false?
False: rights over unregistered land are registered with the Land Charges Registry.
