LAND LAW TOPIC #4 – EXAM
QUESTIONS WITH CORRECT
ANSWERS
Explain why Overriding interests, that automatically bind a purchaser, create a 'crack
in the mirror'? - Answer-Land Registration System is based on the mirror principle
whereby it is stated that all those interests which affect the land should be on the
register, so that the register can be a true mirror of the land in question. However,
Overriding interests are excluded from the register and thus the register is not
actually a true reflection- thereby denoting a crack in the mirror.
How can a purchaser find out about the existence of overriding interests of a
property? - Answer-Purchaser must inspect the property
Name the overriding interests? - Answer--short legal leases for periods not
exceeding 7 years
-legal easements and profits a prendres,
-public rights of way,
-local land charges,
-mines and minerals,
-franchises, manorial rights,
-right to rent reserved to the Crown,
-non statutory rights in respect of an embankment or sea or river wall,
-right to payment in lieu of a tithe,
-a right in respect to the repair of a church.
-proprietary rights of any person in 'actual occupation' of the land
In order to enjoy overriding status of an interest what must be fulfilled? - Answer--an
interest in land
-the interest must not be overreached
-there must be actual occupation at the relevant time
Name the 3 parts of the register? - Answer-A) Property Register
B) Proprietorship Register
C) Charges Register
What is the Property Register? - Answer-Plan of the land, description of the land and
estate comprised in the title; inc. benefits accruing to proprietor e.g.
easements/covenants over neighboring land
What is the Proprietorship Register? - Answer-Name and address of owner
(proprietor)
Types of title held
Limitations on rights of the owner
, What is the Charges Register? - Answer-List of burdens of land; interests of 3rd
parties affecting the land which bind purchaser if entered as a notice on the charges
register
e.g. mortgages, 3rd party equitable interests (easements/covenants)
What are the 2 types of registerable interests? - Answer-1.Notices
2.Restrictions
What are Restrictions? - Answer-Limits the rights of proprietor to the land
*Point of a restriction = so overreaching can take place*
*Effect= Prevent purchaser from obtaining a registered estate in land*
A restriction is an entry in the register that prevents or regulates the making of an
entry in the register in respect of any disposition or a disposition of a specified kind
(*s40(1) LRA 2002*).
What are Notices? - Answer-A notice is an entry which appears in the Charges
Register in respect of the burden of an interest affecting a registered estate or
charge (*s32(1) LRA 2002*).
Used to protect all those interests that are intended to bind third parties e.g.
easements, restrictive covenants
In order for it to bind you it must be on the register
Notices can be either? - Answer--Agreed
OR
-Unilateral
What interests are expressly excluded from the register? *s33 LRA 2002* - Answer--
An interest under a trust of land
-Leasehold estate granted for 3 years or less AND is not required to be registered
Why can an interest under a trust of land not be entered as a notice on the register?
- Answer-They are protected by the use of a Restriction
Why can a Leasehold estate granted for 3 years or less not be entered as a notice
on the register? - Answer-Short lease; it takes time and money to enter notices on
the register- therefore they are excluded
--> EXCEPTION: leases that take effect in the future
What length of lease can be entered as a notice on the register? - Answer-3-7 years
Leases of 7 years are entered on the Register w/ their own title
How must Leases between 4-7 years be created? - Answer-Have to be made by
DEED
BUT.....Don't have to be registered
Which Act COMPLETELY repealed the 1925 Act? - Answer-*LRA 2002*
What are obligatory restrictions? *s44 LRA 2002* - Answer-If *two* registered
proprietors were to hold an estate on trust for a number of beneficiaries, a restriction
might be entered to ensure that the proceeds of any registered disposition are paid
QUESTIONS WITH CORRECT
ANSWERS
Explain why Overriding interests, that automatically bind a purchaser, create a 'crack
in the mirror'? - Answer-Land Registration System is based on the mirror principle
whereby it is stated that all those interests which affect the land should be on the
register, so that the register can be a true mirror of the land in question. However,
Overriding interests are excluded from the register and thus the register is not
actually a true reflection- thereby denoting a crack in the mirror.
How can a purchaser find out about the existence of overriding interests of a
property? - Answer-Purchaser must inspect the property
Name the overriding interests? - Answer--short legal leases for periods not
exceeding 7 years
-legal easements and profits a prendres,
-public rights of way,
-local land charges,
-mines and minerals,
-franchises, manorial rights,
-right to rent reserved to the Crown,
-non statutory rights in respect of an embankment or sea or river wall,
-right to payment in lieu of a tithe,
-a right in respect to the repair of a church.
-proprietary rights of any person in 'actual occupation' of the land
In order to enjoy overriding status of an interest what must be fulfilled? - Answer--an
interest in land
-the interest must not be overreached
-there must be actual occupation at the relevant time
Name the 3 parts of the register? - Answer-A) Property Register
B) Proprietorship Register
C) Charges Register
What is the Property Register? - Answer-Plan of the land, description of the land and
estate comprised in the title; inc. benefits accruing to proprietor e.g.
easements/covenants over neighboring land
What is the Proprietorship Register? - Answer-Name and address of owner
(proprietor)
Types of title held
Limitations on rights of the owner
, What is the Charges Register? - Answer-List of burdens of land; interests of 3rd
parties affecting the land which bind purchaser if entered as a notice on the charges
register
e.g. mortgages, 3rd party equitable interests (easements/covenants)
What are the 2 types of registerable interests? - Answer-1.Notices
2.Restrictions
What are Restrictions? - Answer-Limits the rights of proprietor to the land
*Point of a restriction = so overreaching can take place*
*Effect= Prevent purchaser from obtaining a registered estate in land*
A restriction is an entry in the register that prevents or regulates the making of an
entry in the register in respect of any disposition or a disposition of a specified kind
(*s40(1) LRA 2002*).
What are Notices? - Answer-A notice is an entry which appears in the Charges
Register in respect of the burden of an interest affecting a registered estate or
charge (*s32(1) LRA 2002*).
Used to protect all those interests that are intended to bind third parties e.g.
easements, restrictive covenants
In order for it to bind you it must be on the register
Notices can be either? - Answer--Agreed
OR
-Unilateral
What interests are expressly excluded from the register? *s33 LRA 2002* - Answer--
An interest under a trust of land
-Leasehold estate granted for 3 years or less AND is not required to be registered
Why can an interest under a trust of land not be entered as a notice on the register?
- Answer-They are protected by the use of a Restriction
Why can a Leasehold estate granted for 3 years or less not be entered as a notice
on the register? - Answer-Short lease; it takes time and money to enter notices on
the register- therefore they are excluded
--> EXCEPTION: leases that take effect in the future
What length of lease can be entered as a notice on the register? - Answer-3-7 years
Leases of 7 years are entered on the Register w/ their own title
How must Leases between 4-7 years be created? - Answer-Have to be made by
DEED
BUT.....Don't have to be registered
Which Act COMPLETELY repealed the 1925 Act? - Answer-*LRA 2002*
What are obligatory restrictions? *s44 LRA 2002* - Answer-If *two* registered
proprietors were to hold an estate on trust for a number of beneficiaries, a restriction
might be entered to ensure that the proceeds of any registered disposition are paid
