U3: T5 - PRACTICAL ASPECTS OF PROPERTY AND MORTGAGE LAW Flashcards
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:
a) proprietorship register.
b) property register.
c) charges register.
d) ownership register.
c) 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?
a) Qualified.
b) Possessory.
c) Absolute.
d) Limited.
b) 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?
a) 10 years.
b) 12 years.
c) 15 years.
d) It is not possible in relation to registered land.
a) Ten 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.
What are the implications for the buyer of failing to register previously unregistered land within two months of purchase?
The legal transfer becomes void. Title reverts to the previous owner, who holds it on trust for the new owner.
Javier’s self‐build property is encircled by land owned by the person who sold him the plot. An easement by necessity will give him a right of way to gain access to his house.
True or false?
True
Don’s deeds contain a clause forbidding him from having trees in excess of 2m in height on his boundary.
This is an example of a:
a) positive covenant.
b) negative easement.
c) easement by necessity.
d) restrictive covenant.
d) Restrictive covenant.
Vendors are deemed to covenant that they have the right to sell the property.
True or false?
True: vendors are deemed to covenant their right to sell whether or not they sell with full title guarantee.
If the owner of a property has chancel repair liability, they will be required to pay for all repairs to the local church where necessary.
True or false?
False: the owner will have a liability for repairs to the chancel, which is a specific part of the church. The liability may be shared with other property owners.
In the event that the borrower fails to insure the property, what rights, if any, does the lender have under the mortgage deed?
a) To call in the debt.
b) To insure the property and debit the borrower’s current account.
c) To insure the property and charge the premiums to the mortgage account.
d) The lender has no rights in relation to insuring the property.
c) To insure the property and charge the premiums to the mortgage account.
The main body of reforming legislation was passed in 1925.
Which three significant Acts were passed in this year?
Land Registration Act;
Land Charges Act;
Law of Property Act.
In relation to squatters rights, how many years must someone have intentional occupation of unregistered land in order to claim possessory title?
12 years intentional occupation for possessory title
Another 12 years with possessory title for absolute title
Those who have been in intentional occupation of the land for 12 years with no objection from the legal owner may apply for possessory title. Once possessory title has been held for 12 years without counter claims, the Land Registry will usually allow the title to be upgraded to absolute title.
In relation to adverse possession, how many years must someone have intentional occupation of registered land in order to claim possessory title?
10 years intentional occupation for absolute title.
If registered land has been intentionally occupied for 10 years without objection from the registered owner, the occupier can claim title to the land. When the application is made, the Land Registry will serve notice on the existing registered owner, and if no objection is received and they are otherwise satisfied that the application is in order, the applicant will be registered as the owner of the property with absolute title.
What is a qualified title?
Issued when absolute or good leasehold cannot be issued due to defects in the title register.
The qualified title is given subject to any title defects.
Is registration of new land ownership a legal requirement?
No
What is the recommended number of days new land ownership is registered by?
30 days.
Although not a legal requirement, transfers of registered land should be registered within 30 days of completion. The 30 days is referred to as the priority period during which the new owner has priority over other claims and charges. Failure to register within 30 days could mean other interests may be registered and take higher priority.
Define conveyancer?
Person whose job is to manage the process of transferring legal ownership of property.
Define unregistered land?
Land that has not:
A) been legally transferred or;
B) had a lease granted for more than 7 years, or;
C) had a legal mortgage created or;
D) had rights entered over it.
To avoid a legal transfer becoming void, by when should an ownership transfer be registered?
2 months.
An application for registration must take place within two months of the transfer; failing to do so invalidates the legal transfer, which becomes void. In effect, the title reverts to the previous owner, who will hold it on trust for the new owner.
When a conveyancor looks at the ‘root of the title’ how far back are they looking into property history?
15 years.
t is more difficult for a conveyancer to establish good title when unregistered land is sold. It is necessary to search back over at least a 15‐year history of the property in order to discover anything that might affect the rights of the owner – this is known as the root of title.
How many classes of land charges are there?
6
There are six classes of land charge that can be registered
What are the 2 most common type of land charges?
Charges C & F.
Class C (I) land charges – legal mortgages not protected by deposit of title deeds (puisne mortgages), including second and subsequent charges. First charges are not recorded on the land charges register because the lender holds the title deeds as security.
Class F land charges – notifications of spouses’ interests from provisions of the Family Law Act 1996.
With respect to ‘legal charges’ what is meant by ‘running with the land’?
Running with the land: Rights and obligations relating to a property that are passed on to all subsequent purchasers, who remain subject to their conditions.
Easements and restrictive covenants are said to…?
Easements and restrictive covenants are said to ‘run with the land’.
What is an easement?
An easement is a right that one property has over the land of another.
Examples include rights of way, rights to light or prospect (the view), rights to ventilation, or even rights to hang a sign on another person’s house.
How many properties must an easement involve?
2 properties
