Chapter 6 Self-test Questions

. Under the Land Registration Act 2002, how should 'Home Rights' under the Family Law Act 1996 (as amended) be protected?

Caution.

Substantive registration of the title to the Home Rights.

Restriction.

Notice.

. After the Land Registration Act 2002, how should an owner of a constructive trust interest not in occupation of the relevant land protect their interest?

There is no way of protecting the interest.

By entry of a restriction.

By entry of a caution.

By entry of a notice.

. In what circumstances will an equitable easement be an overriding interest?

Never.

If created after 12^th October 2003.

Whatever the circumstances, if created before 13^th October 2003.

If created after 12th October 2003, and it complies with one of the three conditions in Sch 3 para 3 LRA 2002.

. In 2011, an easement is expressly granted by deed over Blackacre (registered title) to last for ever. In what circumstances will this easement be an overriding interest?

Only if the easement is obvious on a reasonably careful inspection.

Only if the easement is exercised at least once a year.

Never

Only if a purchaser actually knows of the easement.

. Which of the following rights will always be an overriding interest?

A legal lease for seven years exactly, taking effect immediately.

A lease, signed and in writing (not a deed), for five years.

An easement acquired by prescription, i.e. long use.

A constructive trust interest.

. Which of the following rights can be upgraded to an overriding interest by virtue of Sch 3 para 2 of the Land Registration Act 2002?

Home Rights under the Family Law Act 1996 (as amended).

Equitable interests under an (old-fashioned) strict settlement.

The right of the minor children of the registered proprietor(s) to live with him/her/them in the family home.

A proprietary estoppel interest.

. Nathan owns Mossy House. He agrees with Olivia that Olivia should have an equitable lease of part of the garden belonging to Mossy House. Olivia is anxious that her equitable lease will bind any purchaser from Nathan. What is her safest course of action?

Do nothing. She is bound to have an overriding interest under Sch 3 para 2 of the Land Registration Act 2002.

Put up a notice 'Olivia's Garden'. That will make her occupation of the land 'obvious on a reasonably careful inspection'.

Enter a 'notice' on the Register of Title for Mossy House.

Enter a restriction on the Register of Title for Mossy House.

. In 2011, Kerim takes an equitable lease for ten years of Black House. In what circumstances will it be impossible for Kerim to claim that he has an overriding interest with respect to Black House?

Kerim never occupies Black House, but sub-lets it to Leon.

Kerim lives in the house for six months of the year. The other six months of the year the house is looked after by a neighbour, whom Kerim pays £100 per month for his trouble.

Kerim lives in Black House, but his medical condition is such that he has frequent short spells in hospital.

The house is derelict but Kerim visits the property every day and has surrounded it with very high fences.

. Imraj was the registered proprietor of Centrelands, a property consisting of a small office block and an adjoining filling station. In 2013, Imraj granted Karine (by deed) a seven year lease of the filling station. The lease included, as one of its terms, an option to purchase the freehold of the whole of Centrelands. Neither the lease nor the option has been entered on the register. Last week Imraj sold Centrelands to Vic. Is Vic bound by the lease and the option? (Karine is running a thriving filling station business.)

Vic is not bound by either the rights, as they are minor interests which should have been protected by an entry on the register of title.

Vic is bound by the lease, but not by the option, as Karine is not occupying the property by virtue of the option.

Vic is bound by the lease, and by the option with respect to the whole of Centrelands.

Vic is bound by the lease, but the option is binding only with respect to the filling station, not to the offices.

. Malcolm was the registered proprietor of Chenu House. Nadine, his partner, has acquired a constructive trust interest in Chenu, which she has not protected by any sort of entry on the Register of Title.
Ozzy has just bought Chenu House. He paid only one (brief) pre-purchase visit to the house, at 0830 hours on a Monday morning. He bumped into Nadine rushing out of the door. Ozzy asked Nadine whether she had a share in the house. She replied "Can't stop now, I will miss my train. We need to chat. Give me a ring this evening". Ozzy did not accept this invitation. On his visit he looked only at the living rooms and kitchen. Had he looked elsewhere, he would have seen female clothes and toiletries in full view. Is Ozzy bound by Nadine's interest?

No, because Nadine's occupation was not obvious on a reasonably careful inspection.

Nadine did not immediately answer the inquiry, so it's tough on her.

Ozzy is bound by virtue of Sch 3 para 2 of the Land Registration Act 2002.

Nadine's interest does not bind, as she did not enter a restriction on the Register of Title.

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