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LSB Conveyancing & Notarial Practice practice questions

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Question 1Land law and the nature of estates and interests

Which estate in land is capable of lasting indefinitely under English law?

  1. A term of years absolute
  2. A life interest held by a widow
  3. A fee simple absolute in possession Correct answer.
  4. A tenancy at will granted orally

Explanation

Only the fee simple absolute in possession and the term of years absolute survive as legal estates. The fee simple is the only estate that can endure without a fixed end, since it is inheritable and not limited by a life. Freehold estates of this kind are the closest approximation to outright ownership known to the law.

Question 2Land law and the nature of estates and interests

Under the Law of Property Act 1925, which of the following is one of the only two legal estates that may exist?

  1. A restrictive covenant
  2. A beneficial interest under a trust
  3. A fee simple absolute in possession Correct answer.
  4. An easement for a fixed term

Explanation

Section 1 of the Law of Property Act 1925 reduced the number of legal estates to two: the fee simple absolute in possession and the term of years absolute. All other estates, interests and charges take effect as equitable interests. Easements and covenants are interests rather than estates, and beneficial interests are equitable by definition.

Question 3Land law and the nature of estates and interests

Which of the following rights is capable of existing as a legal interest in land?

  1. An easement for an indefinite period Correct answer.
  2. A right of re-entry for breach of covenant
  3. A right of first refusal to purchase land
  4. A restrictive covenant over neighbouring land

Explanation

Section 1(2) of the Law of Property Act 1925 lists the interests capable of being legal, and easements for an interest equivalent to a fee simple or term of years are among them. A right of re-entry is legal only when annexed to a term of years or a rentcharge. Restrictive covenants and rights of pre-emption are equitable only.

Question 4Land law and the nature of estates and interests

A purchaser buys a registered freehold and later discovers a lease of seven years granted to a tenant who is in occupation. What is the position of the lease against the purchaser?

  1. It is void against the purchaser because it was not registered
  2. It binds the purchaser as an overriding interest Correct answer.
  3. It is converted into an equitable interest
  4. It binds only if the tenant paid a premium

Explanation

A legal lease of seven years or less, with the tenant in occupation, is an overriding interest under Schedule 3 to the Land Registration Act 2002. It therefore binds a purchaser regardless of whether it appears on the register. The length of the term and occupation are the key criteria, not payment of a premium.

Question 5Land law and the nature of estates and interests

Which characteristic distinguishes a licence from a lease of land?

  1. The presence of a break clause
  2. The written form of the agreement
  3. The grant of exclusive possession for a term Correct answer.
  4. The payment of rent by the occupier

Explanation

A lease confers exclusive possession for a fixed or periodic term, whereas a licence merely gives permission to occupy and creates no proprietary interest. Courts look at substance rather than the label the parties use. Rent and writing are relevant evidence but are not decisive, since a licence may be paid for and a short lease may be oral.

Question 6Land law and the nature of estates and interests

A testator dies intestate leaving a fee simple estate. What is the nature of the interest of the person entitled under the intestacy rules before the estate is administered?

  1. An equitable interest in the net estate Correct answer.
  2. A legal fee simple in possession
  3. A legal life interest
  4. A term of years absolute

Explanation

On intestacy the estate vests in the personal representatives, who hold it on trust for sale and administration. The beneficiary therefore has an equitable interest in the net estate rather than a legal estate. Only after assent or transfer does the beneficiary acquire the legal fee simple.

Question 7Land law and the nature of estates and interests

Which of the following best describes a fee simple absolute in possession?

  1. An inheritable estate of indefinite duration, presently held Correct answer.
  2. An estate lasting for the life of the grantee only
  3. A leasehold estate granted for a fixed term
  4. An estate held subject to a condition subsequent

Explanation

The fee simple is the largest estate known to English law, enduring indefinitely and passing to heirs or successors. The words absolute and in possession indicate that it is not cut down by conditions and that the holder has a present right to enjoy the land. It is not limited to the life of any individual.

Question 8Land law and the nature of estates and interests

Which of the following interests is equitable in nature?

  1. A legal charge by way of mortgage
  2. A restrictive covenant Correct answer.
  3. A rentcharge in possession
  4. An easement granted by deed

Explanation

A restrictive covenant is not among the interests listed in section 1(2) of the Law of Property Act 1925 and therefore can only exist in equity. It is enforceable against successors in title only in accordance with equitable principles and registration. Legal charges, rentcharges and easements are all capable of being legal interests.

Question 9Land law and the nature of estates and interests

A landowner grants a neighbour a right to park two cars on a defined area of the driveway for twenty years. What type of right has been created?

  1. A restrictive covenant
  2. An estate in land
  3. A legal easement if granted by deed Correct answer.
  4. A licence coupled with an interest

Explanation

An easement for a term of years is capable of existing as a legal interest when created by deed. The right accommodates the neighbour's land and is defined with sufficient certainty to satisfy the Re Ellenborough Park criteria. It is an interest in land rather than an estate, and it is not a covenant because it confers a positive benefit.

Question 10Land law and the nature of estates and interests

What is the effect of section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 on contracts for the sale of land?

  1. They may be oral if part performance occurs
  2. They require registration to be binding
  3. They must be in writing and incorporate all agreed terms Correct answer.
  4. They must be made by deed to be enforceable

Explanation

Section 2 requires a contract for the disposition of an interest in land to be made in writing and to incorporate all the terms expressly agreed in one document or by exchange of documents. A contract that fails these requirements is void. A deed is needed for the transfer itself, not for the contract.

Question 11Land law and the nature of estates and interests

A tenant holds a weekly tenancy and dies intestate. Which statement best describes the devolution of the tenancy?

  1. It passes to the landlord automatically
  2. It vests in the personal representatives as part of the estate Correct answer.
  3. It passes to the tenant's next door neighbour
  4. It ends immediately on death

Explanation

Leasehold estates are personal property and devolve on death to the personal representatives as part of the deceased's estate. They do not terminate automatically merely because the tenant dies. The tenancy remains subject to its terms, including any provisions about assignment and payment of rent.

Question 12Land law and the nature of estates and interests

Which of the following is a legal estate rather than an equitable interest?

  1. A term of years absolute Correct answer.
  2. An interest under a resulting trust
  3. A beneficial interest under a bare trust
  4. A right of pre-emption

Explanation

Section 1(1) of the Law of Property Act 1925 preserves the term of years absolute as one of the two legal estates. Beneficial interests under trusts, whether express or resulting, are equitable. A right of pre-emption is also equitable only.

Question 13Land law and the nature of estates and interests

A purchaser of unregistered land buys from a seller whose land is subject to a restrictive covenant created in 1950. Which mechanism protects the covenant against the purchaser?

  1. Registration as a land charge under Class D Correct answer.
  2. Deposit of the covenant deed with the court
  3. Entry in the local land charges register
  4. Notice on the title deeds only

Explanation

For unregistered land, restrictive covenants are protected by registration as a Class D(ii) land charge under the Land Charges Act 1972. If registered, the covenant binds a purchaser; if not, it is void against a purchaser for money or money's worth. Notice on the deeds alone is insufficient protection.

Question 14Land law and the nature of estates and interests

What does the doctrine of notice mean in relation to equitable interests in unregistered land?

  1. A purchaser is bound only by interests created by deed
  2. A purchaser is bound only by interests entered on the register
  3. A purchaser is bound by equitable interests of which they have actual, constructive or imputed notice Correct answer.
  4. A purchaser is never bound by equitable interests

Explanation

In unregistered land, equitable interests that are not registrable land charges bind a purchaser who takes with notice. Notice may be actual, constructive or imputed, and constructive notice includes matters a reasonable inspection and inquiry would reveal. The doctrine therefore protects equitable rights against a purchaser with knowledge.

Question 15Land law and the nature of estates and interests

A freeholder grants a lease for 999 years. Which statement correctly describes the estates created?

  1. The lessee holds a term of years and the lessor retains the fee simple reversion Correct answer.
  2. Both parties hold legal life estates
  3. The lessee holds an equitable interest only
  4. The lessee holds a fee simple and the lessor retains nothing

Explanation

A long lease creates a term of years absolute in the lessee while the freeholder retains the fee simple, subject to the lease. Both are legal estates and can coexist in the same land. The reversion is itself an estate in land capable of being sold or mortgaged.

Question 16Land law and the nature of estates and interests

Which of the following is required for the creation of a legal easement?

  1. Registration in every case
  2. A deed, or a qualifying statutory exception Correct answer.
  3. A written contract signed by both parties
  4. Payment of consideration

Explanation

A legal easement must generally be created by deed, reflecting the formalities for legal interests in land. Statute provides exceptions, for example prescriptive easements and certain implied grants. Writing alone is insufficient, and registration is a matter of protection rather than creation.

Question 17Land law and the nature of estates and interests

A seller contracts to sell land and, before completion, grants a lease to a third party. The buyer had already registered a notice of the contract. What is the buyer's position?

  1. The lease takes priority because it is later in time
  2. The lease is void because it was granted after contract
  3. The contract is automatically rescinded
  4. The buyer's registered notice gives priority over the later lease Correct answer.

Explanation

Registration of a notice protects the buyer's interest and gives priority over a later disposition under the Land Registration Act 2002. A later lease takes effect subject to the protected contract. The lease is not automatically void, but it is subordinated to the buyer's prior equitable interest.

Question 18Land law and the nature of estates and interests

Which of the following best explains why the 1925 property legislation reduced the number of legal estates?

  1. To transfer all land to the Crown
  2. To make all leases equitable
  3. To abolish freehold ownership
  4. To simplify conveyancing and protect purchasers Correct answer.

Explanation

The 1925 reforms were designed to simplify the conveyance of land and to make title easier to investigate. By confining legal estates to the fee simple and the term of years, and pushing other interests into equity, the legislation made dealings in land more straightforward. It did not abolish freehold ownership or nationalise land.

Question 19Land law and the nature of estates and interests

A person occupies land under a contract that gives them a personal right to use a room for a year, with no right to exclude the owner. What is the nature of the arrangement?

  1. An equitable lease
  2. A licence Correct answer.
  3. A fee simple subject to a condition
  4. A legal lease

Explanation

The absence of exclusive possession indicates that the arrangement is a licence, which creates only a personal right and no estate or interest in land. The label used by the parties is not decisive, but the substance here points to a licence. A lease requires exclusive possession for a term.

Question 20Land law and the nature of estates and interests

What is the effect of a failure to register a registrable disposition of registered land under the Land Registration Act 2002?

  1. The disposition takes effect as an unregistered interest
  2. The disposition becomes an overriding interest
  3. The disposition is void Correct answer.
  4. The disposition is valid but unprotected

Explanation

Under section 27 of the Land Registration Act 2002, a registrable disposition must be completed by registration, and until then it does not operate at law. A transfer or lease that requires registration is void as a legal disposition if not registered. Equity may still intervene between the parties, but the legal effect depends on registration.

Question 21Land law and the nature of estates and interests

Which of the following statements about a tenancy at will is correct?

  1. It may be determined by either party at any time Correct answer.
  2. It can last indefinitely and is inheritable
  3. It is a legal interest in land
  4. It must be granted by deed

Explanation

A tenancy at will arises where a person occupies land with the owner's consent on the basis that either may end the arrangement at any time. It is not inheritable and confers no estate of fixed duration. It is a personal arrangement rather than a legal estate.

Question 22Land law and the nature of estates and interests

A landowner dies leaving a will that grants his sister 'my house for her life, then to my nephew in fee simple'. What interests arise?

  1. The sister takes a legal fee simple and the nephew takes nothing
  2. The sister takes a legal life estate and the nephew takes the reversion in fee simple Correct answer.
  3. Both take equitable interests only
  4. The sister takes an equitable life interest and the nephew takes a legal fee simple

Explanation

A gift for life creates a life estate in the sister, and the gift over to the nephew in fee simple creates a remainder in fee simple. Both are legal estates, since the will operates as a conveyance by the personal representatives. The nephew's interest is a future legal estate, not merely equitable.

Question 23Land law and the nature of estates and interests

Which of the following is an example of an equitable interest arising by operation of law?

  1. A legal mortgage by deed
  2. A resulting trust where contribution exceeds the declared share Correct answer.
  3. A rentcharge created by statute
  4. An express trust declared in writing

Explanation

A resulting trust arises automatically where a person contributes to the purchase price but takes no corresponding beneficial share, and it operates by operation of law. It is an equitable interest and does not depend on a written declaration. Express trusts, legal mortgages and statutory rentcharges arise differently.

Question 24Land law and the nature of estates and interests

A buyer of registered land discovers an interest that is not entered on the register and is not overriding. What is the buyer's position?

  1. The buyer takes free of the interest Correct answer.
  2. The buyer holds the land on trust for the interest holder
  3. The buyer must compensate the interest holder
  4. The buyer is bound by the interest because it exists

Explanation

Under the Land Registration Act 2002, a registered disposition for value takes effect subject only to registered interests and overriding interests. An interest that is neither registered nor overriding is defeated by the disposition. The holder's remedy lies against the person who failed to protect the interest, not against the buyer.

Question 25Registered and unregistered conveyancing: title investigation and registration

In England and Wales, which statutory provision governs the compulsory registration of title on a triggering event such as a conveyance of unregistered freehold land for value?

  1. Section 2 of the Law of Property (Miscellaneous Provisions) Act 1989
  2. Section 52 of the Law of Property Act 1925
  3. Section 4 of the Land Registration Act 2002 Correct answer.
  4. Section 1 of the Law of Property Act 1925

Explanation

Section 4 of the Land Registration Act 2002 sets out the events that trigger compulsory first registration, including a transfer of a qualifying estate for value. Once triggered, the transferee must apply for registration within the prescribed period. The other provisions govern creation of legal estates, formalities of conveyance, and contracts respectively.

Question 26Registered and unregistered conveyancing: title investigation and registration

What is the statutory period within which an application for first registration must be made after a triggering event under the Land Registration Act 2002?

  1. Three months beginning with the date of the triggering event
  2. Two months beginning with the date of the triggering event Correct answer.
  3. Twelve months beginning with the date of the triggering event
  4. Six months beginning with the date of the triggering event

Explanation

The Land Registration Act 2002 requires the application to be delivered within two months beginning with the date of the triggering event. Failure to do so renders the transfer void as regards the legal estate, so the timing is critical. The period runs from the event itself rather than from completion of any later step.

Question 27Registered and unregistered conveyancing: title investigation and registration

Under the Land Registration Act 2002, which class of title is granted where the registrar is satisfied that the applicant has a good root of title but some minor defect prevents absolute title?

  1. Good leasehold title
  2. Absolute title
  3. Qualified title Correct answer.
  4. Possessory title

Explanation

Qualified title is granted where the registrar is satisfied the applicant has a good root of title but the title is subject to a specified defect or reservation. It is distinct from possessory title, which rests on possession rather than documentary title. Absolute title is the best class and is granted where title is fully established.

Question 28Registered and unregistered conveyancing: title investigation and registration

Which of the following is a recognized method of protecting a third-party interest over registered land that is not entered as a notice or a caution against dealings?

  1. A charging order registered at the Land Charges Department
  2. A restriction entered in the register Correct answer.
  3. An estate contract noted in the deeds
  4. An equitable easement recorded in the local land charges register

Explanation

A restriction is one of the principal entries available under the Land Registration Act 2002 to control dealings with registered land, alongside notices. It regulates the circumstances in which a disposition may be registered rather than protecting an interest directly. The other options describe unregistered-land mechanisms or local registers.

Question 29Registered and unregistered conveyancing: title investigation and registration

What is the effect of registering a unilateral notice over a registered title?

  1. It protects the priority of the interest claimed, subject to the notice being valid and not cancelled. Correct answer.
  2. It gives the beneficiary priority over all later registered dispositions automatically.
  3. It prevents the registered proprietor from selling the land at all.
  4. It transfers the legal estate to the beneficiary pending resolution.

Explanation

A notice protects the priority of the interest it identifies against later registrable dispositions, provided the notice remains in force. It does not transfer any estate or make the land unsaleable; the proprietor can still deal, but the notice binds purchasers. A unilateral notice can be challenged and cancelled if the claim is not substantiated.

Question 30Registered and unregistered conveyancing: title investigation and registration

When investigating an unregistered title, which document typically provides the starting point for the chain of title in modern practice?

  1. The plan attached to the most recent transfer
  2. The latest mortgage deed
  3. A root of title deed such as a conveyance on sale Correct answer.
  4. The current local land charges search

Explanation

Title investigation begins with a good root of title, conventionally a conveyance on sale or mortgage of the whole legal and equitable interest. From that root the investigator traces subsequent dealings to the present proprietor. Searches and plans support the investigation but are not the root itself.

Question 31Registered and unregistered conveyancing: title investigation and registration

In unregistered conveyancing, which register must be searched to reveal estate contracts, puisne mortgages and similar interests affecting the land?

  1. The Land Registry title register
  2. The register of local land charges
  3. The Land Charges Register Correct answer.
  4. The register of town and village greens

Explanation

The Land Charges Register, kept under the Land Charges Act 1972, records classes of interests such as estate contracts, puisne mortgages and writs affecting unregistered land. A purchaser who fails to search risks being bound by registered charges. The local land charges register deals with public, not private, burdens.

Question 32Registered and unregistered conveyancing: title investigation and registration

What does the mirror principle of land registration mean?

  1. The register mirrors the position at the date of first registration only.
  2. The register must be kept in both paper and electronic form.
  3. The register should reflect all interests affecting the title so that a purchaser need look no further. Correct answer.
  4. The register should be open to public inspection on payment of a fee.

Explanation

The mirror principle holds that the register should accurately mirror the legal and equitable state of the title. A purchaser can rely on it as a complete picture, subject to overriding interests. It is one of the core principles of the registration system alongside the curtain and insurance principles.

Question 33Registered and unregistered conveyancing: title investigation and registration

A purchaser is buying unregistered freehold land. The seller's title deeds show a conveyance to the seller in 2015, but the deeds before that date are missing. What is the most appropriate practical step for the purchaser's conveyancer?

  1. Ask the seller to provide a statutory declaration or statement of truth explaining the missing deeds Correct answer.
  2. Register a caution against first registration immediately
  3. Proceed without further enquiry because the 2015 conveyance is a good root of title
  4. Rely on the seller's oral assurance that title is good

Explanation

Where earlier deeds are missing, the purchaser should obtain evidence explaining the gap, typically a statutory declaration or statement of truth from the seller. This supports the deduction of title and may satisfy the registrar on first registration. Proceeding without enquiry or relying on oral assurance leaves the title defective.

Question 34Registered and unregistered conveyancing: title investigation and registration

A buyer contracts to purchase registered land. Before completion, the buyer's solicitor discovers an unregistered lease of 5 years granted by the seller two years ago. Which statement best describes the buyer's position?

  1. The lease is automatically converted into a registrable charge
  2. The lease is void against the buyer because it was not registered
  3. The lease may bind the buyer as an overriding interest if it meets the statutory conditions Correct answer.
  4. The lease binds only if it was protected by a caution against first registration

Explanation

Short leases can override a registered disposition under Schedule 3 to the Land Registration Act 2002 where they meet the statutory conditions, including duration and the tenant's occupation. A lease of more than three years but not more than seven years falls within the overriding category. The buyer therefore takes subject to it if those conditions are satisfied.

Question 35Registered and unregistered conveyancing: title investigation and registration

A registered proprietor grants an option to purchase the land to a developer. How should the developer protect the option in the register?

  1. By relying on the option as an overriding interest
  2. By entering a restriction preventing any disposition
  3. By entering a notice in respect of the estate contract Correct answer.
  4. By registering a caution against first registration

Explanation

An option to purchase creates an estate contract, which is a registrable interest capable of protection by notice under the Land Registration Act 2002. A notice preserves priority against later dispositions. A restriction would be inappropriate because it controls dealings rather than protecting the interest directly.

Question 36Registered and unregistered conveyancing: title investigation and registration

A first registration application is made based on possession alone, with no documentary title. Which class of title is the registrar most likely to grant?

  1. Qualified title
  2. Good leasehold title
  3. Possessory title Correct answer.
  4. Absolute title

Explanation

Possessory title is granted where the applicant's claim rests on possession rather than documentary title. It may later be upgraded to absolute title after a period of undisturbed possession. Absolute title requires a good documentary root, and qualified title is used where a specific defect in an otherwise established title exists.

Question 37Registered and unregistered conveyancing: title investigation and registration

P purchases unregistered land from S. Unknown to P, S had earlier granted an equitable easement to a neighbour, which was duly registered as a Class D charge. What is the effect of P's failure to search the Land Charges Register?

  1. The charge is void against P because it was not noted on the deeds
  2. P is bound by the registered charge despite having no actual knowledge Correct answer.
  3. P takes free of the easement because it was equitable
  4. P is bound only if the neighbour occupied the land

Explanation

Registered land charges bind a purchaser of unregistered land whether or not the purchaser has notice, under the Land Charges Act 1972. The statutory search is the purchaser's protection, and failure to search means the purchaser remains bound. Actual knowledge is irrelevant once the charge is properly registered.

Question 38Registered and unregistered conveyancing: title investigation and registration

Which of the following best describes the curtain principle in registered conveyancing?

  1. A purchaser need not investigate the trusts behind a beneficial joint tenancy or settlement Correct answer.
  2. The register is conclusive evidence of title for all purposes
  3. The register must be updated whenever a beneficial interest changes
  4. All equitable interests must be entered as notices to bind purchasers

Explanation

The curtain principle means that behind the register, trusts and beneficial arrangements are hidden from a purchaser, who deals only with the registered proprietor. Overreaching ensures beneficial interests are shifted to the proceeds of sale. It reduces the burden of investigating equitable ownership on each purchase.

Question 39Registered and unregistered conveyancing: title investigation and registration

A buyer of registered land discovers that the seller's title is subject to a restriction requiring a certificate of compliance before any transfer is registered. What should the buyer's conveyancer do before completion?

  1. Convert the restriction into a caution against first registration
  2. Apply to cancel the restriction unilaterally
  3. Ignore the restriction because it does not affect the transfer
  4. Ensure the required certificate or consent will be available so the transfer can be registered Correct answer.

Explanation

A restriction controls the circumstances in which a disposition may be registered, so the buyer must ensure the required certificate or consent is produced. Without it, the transfer cannot be registered and the buyer's title will not be perfected. The restriction cannot simply be ignored or unilaterally cancelled.

Question 40Registered and unregistered conveyancing: title investigation and registration

Under the Land Registration Act 2002, what is the status of a registered disposition made by a proprietor whose title is later rectified?

  1. The disposition remains valid but the register may be rectified, with indemnity potentially payable Correct answer.
  2. The disposition is always void from the outset
  3. The disposition is valid only if the purchaser had actual notice of the defect
  4. The disposition is void unless the purchaser was in occupation

Explanation

Registered dispositions generally remain valid even where the register is later rectified, reflecting the insurance principle. A person suffering loss through rectification may be entitled to indemnity, subject to statutory exceptions. This protects the certainty of transactions completed in reliance on the register.

Question 41Registered and unregistered conveyancing: title investigation and registration

A purchaser of unregistered land is offered a title whose root is a conveyance dated 1980. The purchaser's lender requires a root of at least 15 years. Which statement is correct?

  1. The root is satisfactory because it predates the purchase by more than 15 years Correct answer.
  2. The root must be at least 30 years old in all cases
  3. The root is irrelevant because the lender only needs a search
  4. The root is unsatisfactory and a earlier root should be requested

Explanation

A root of title dated 1980 provides well over 15 years of title by the time of a current purchase, satisfying a typical 15-year requirement. The root must also deal with the whole legal and equitable interest and be a document a prudent purchaser would accept. An earlier root is unnecessary if the 1980 conveyance is otherwise sound.

Question 42Registered and unregistered conveyancing: title investigation and registration

Which of the following interests is capable of being an overriding interest under Schedule 3 to the Land Registration Act 2002?

  1. A mortgage protected by a registered charge
  2. An interest belonging to a person in actual occupation of the land Correct answer.
  3. A legal easement created expressly by deed and registered as a notice
  4. A restrictive covenant protected by a notice

Explanation

Schedule 3 includes an interest belonging to a person in actual occupation, subject to specified exceptions. Such interests bind a registered disposition without entry on the register. The other options describe interests that are protected by registration and therefore are not overriding.

Question 43Registered and unregistered conveyancing: title investigation and registration

A seller of registered land has a defective title because a previous transfer was forged. The buyer completes and is registered. What is the buyer's position under the Land Registration Act 2002?

  1. The buyer's registered title is valid, but the register may be rectified and indemnity may be payable Correct answer.
  2. The buyer's title is valid only if the buyer was unaware of the forgery
  3. The buyer obtains no title because the forged transfer was void
  4. The buyer must surrender the title to the original owner automatically

Explanation

Registration confers title on the buyer even where the underlying transfer was forged, subject to the court's power to order rectification. The original owner may seek rectification, and indemnity may be payable from the registrar. The buyer's knowledge is not the decisive factor.

Question 44Registered and unregistered conveyancing: title investigation and registration

A purchaser buys registered land subject to a restriction that requires a certificate of compliance. The transfer is registered without the certificate being produced. What is the most likely consequence?

  1. The registration is valid because the registrar's decision is conclusive
  2. The restriction is automatically discharged by the registration
  3. The purchaser acquires absolute title free of the restriction
  4. The registration may be set aside or rectified because the restriction was not complied with Correct answer.

Explanation

Registration in breach of a restriction is vulnerable to rectification or being set aside, because the restriction governs the circumstances of registration. The registrar's acceptance of an application does not cure non-compliance. The restriction is not discharged merely because a transfer has been registered.

Question 45Registered and unregistered conveyancing: title investigation and registration

Two people are registered as joint proprietors of a registered title. One dies. What is the position regarding the registered title?

  1. The survivor becomes solely entitled by survivorship, and the register should be updated Correct answer.
  2. The survivor must apply for first registration of the title
  3. The deceased's share passes to the survivor only after probate
  4. The title vests in the deceased's personal representatives until transfer

Explanation

On the death of a joint proprietor, the survivor takes by survivorship and the register should be updated to reflect the sole proprietorship. There is no need for first registration because the land is already registered. Probate is not required to establish survivorship as between joint proprietors.

Question 46Registered and unregistered conveyancing: title investigation and registration

A purchaser of unregistered land discovers that the seller's title includes land that has been enclosed from a highway. Which additional investigation is most relevant?

  1. A search of the register of common land
  2. An application for possessory title to the highway
  3. A search of the Land Charges Register for Class F charges
  4. A search of the highway register and consideration of any stopping-up order Correct answer.

Explanation

Land enclosed from a highway raises questions about whether the highway was lawfully stopped up and whether title to the soil passed to the adjoining owner. The highway register and any stopping-up order are therefore the key investigations. The other searches address different interests and would not resolve the highway issue.

Question 47Registered and unregistered conveyancing: title investigation and registration

Which statement best explains why the Land Registration Act 2002 reduced the scope of overriding interests compared with earlier legislation?

  1. To strengthen the reliability of the register as a complete record of title Correct answer.
  2. To increase the number of interests that bind without registration
  3. To transfer all equitable interests to the Land Charges Register
  4. To abolish the need for notices and restrictions

Explanation

Reducing overriding interests strengthens the mirror principle by making the register a more complete and reliable record. Purchasers can rely more confidently on the register without hidden burdens. Notices and restrictions remain essential tools for protecting interests.

Question 48Registered and unregistered conveyancing: title investigation and registration

A buyer of registered land wants to ensure that a future purchaser will be bound by a covenant restricting the land to residential use. What is the most appropriate step?

  1. Enter a notice in respect of the restrictive covenant Correct answer.
  2. Register a caution against first registration
  3. Enter a restriction prohibiting any change of use
  4. Rely on the covenant as an overriding interest

Explanation

A restrictive covenant is a registrable interest that should be protected by notice to bind later purchasers of the registered title. A restriction controls dealings rather than protecting the covenant itself. Overriding status does not apply to covenants, and cautions concern unregistered land.

Question 49Registered and unregistered conveyancing: title investigation and registration

What is the principal purpose of a search of the index map held by the Land Registry when investigating title?

  1. To establish the market value of the land
  2. To confirm whether the land is registered and to identify the relevant title number Correct answer.
  3. To identify the beneficial owners behind a trust
  4. To reveal local land charges affecting the property

Explanation

The index map search shows whether land is registered and, if so, identifies the title number and extent. It is a preliminary step before applying for office copies of the register. It does not reveal local charges, value or beneficial ownership.

Question 50Registered and unregistered conveyancing: title investigation and registration

In registered conveyancing, which document is the primary evidence of the proprietor's title?

  1. The bundle of pre-registration deeds held by the seller
  2. The local land charges certificate
  3. The official copy of the individual register for the title Correct answer.
  4. The stamp duty land tax return

Explanation

Under the Land Registration Act 2002 the register itself is the definitive record of title, and an official copy of the individual register is the primary evidence of ownership. Pre-registration deeds generally lose their evidential value once title is registered, although they may still be consulted for matters not shown on the register.