Wrong Answers FLK2 Flashcards
Does a perscriptive easement need to be registered?
A prescriptive easement is not an equitable easement requiring protection by registration of a land charge in order to be binding upon the owners of the unregistered track.
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
Possesory Title
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).
Easements s.62
Grant only applied
prior diversity of occupation of the land transferred and the land retained is not a requirement in order for s62 LPA 1925 to operate. This is, however, subject to the usual proviso that there is no contrary intention expressed in the transfer that s62 LPA 1925 is not to operate.
What does title plan show?
It shows the general position of the legal boundaries of the registered title
The rule in Wheeldon v. Burrows
(a) one person owned and occupied the whole of the land (the woman);
(b) the owner previously exercised a quasi-easement over the land;
(c) the right is continuous and apparent (i.e. obvious);
(d) the right is necessary for the reasonable enjoyment of the land;
The covenant in question is a restrictive covenant as it places a restriction on use of the land of the farmer. The burden of a restrictive covenant will run in equity if the rules derived from Tulk v. Moxhay (1848) are satisfied.
Should an option to be purchased be registered?
An option to purchase should always be protected by way of registration (be that with registered or unregistered land). Only registration of the option will make it binding on any subsequent buyer of the land. The land in this case is unregistered and it would be necessary to register the option as a class C(iv) land charge.
What does the rule in the rule in Tulk v. Moxhay (1848) apply to?
Restrictive covenants. Covenant must satisfy the rule in Tulk v Moxhay in order that the burden may pass.
Standard Due diligence
You should carry out standard customer due diligence because there is nothing to suggest the client presents a high risk of money laundering.
Simplified CDD
A simplified CDD is only appropriate where there is a low degree of risk of money laundering.
Referral Fee
You cannot pay the Referral Fee to the other firm. You could act for the client without paying the Referral Fee if this was agreed with the other firm.
What is the purpose of an official search of the Index Map?
To determine whether land or property is registered, identify title numbers, and check for cautions or pending applications.
What is the purpose of an environmental search in property transactions?
To identify environmental risks or issues affecting the property, such as contamination, flooding, or nearby industrial activity.
National Land Information Service (NLIS)
It provides a single point of enquiry for making pre-contract searches. correct
Why is there a risk of chancel repair liability even if it is no longer an overriding interest?
Chancel repair liability ceased to be an overriding interest after 13 October 2013. However, existing liability can still bind the property until the next transfer on sale is registered. There is a risk that an application to register the burden could be made before completion, which would bind the buyer if they proceed with the purchase.
