CILEx L6 Land Law (Registered & Unregistered)

Question 1

What is the difference between 'registered' and 'unregistered' land in England and Wales?

Accepted Answer

Registered land has title guaranteed by the state through the Land Registry register; unregistered land depends on the deduction of title through a chain of title documents

Answer

Registered land can be mortgaged; unregistered land cannot

Answer

Unregistered land is always rural; registered land is always urban

Answer

Registered land is held freehold; unregistered land is held leasehold

Question 2

What is the significance of a 'class F charge' under the Matrimonial Homes Act / Family Law Act 1996?

Accepted Answer

It protects a non-owning spouse's or civil partner's right of occupation of the matrimonial home by registration as a notice (registered land) or land charge (unregistered land)

Answer

It is a mortgage securing maintenance payments

Answer

It gives the non-owning spouse a right to buy the property at below market value

Answer

It prevents the owning spouse from re-mortgaging the property without consent

Question 3

What is the difference between 'void' and 'voidable' dispositions in the context of registered land fraud?

Accepted Answer

A void disposition confers no title even if registered; a voidable disposition may be set aside but is valid until set aside, and an innocent buyer for value acquires good title

Answer

A void disposition can always be set aside by the Land Registry; a voidable one cannot

Answer

Void dispositions can be ratified; voidable ones cannot

Answer

A voidable disposition confers no title; a void one remains valid unless set aside by court

Question 4

What is the principle from Williams & Glyn's Bank v Boland [1981] regarding actual occupation?

Accepted Answer

A person in actual occupation with a beneficial interest under a trust has an overriding interest that binds a mortgagee who fails to inquire about their rights

Answer

A mortgagee takes free of all beneficial interests if they pay the purchase price

Answer

Actual occupation is only relevant for adverse possession claims

Answer

A beneficiary must register their interest at the Land Registry to bind a mortgagee

Question 5

What are 'title absolute', 'qualified title', 'possessory title', and 'good leasehold title' in registered land?

Accepted Answer

Four classes of registered title reflecting the quality of the evidence of ownership — absolute is the strongest guarantee, qualified is subject to an identified defect, possessory is for adverse possession or lost title deeds, and good leasehold is for leases where the freehold cannot be inspected

Answer

Different types of tenure in registered land

Answer

Different forms of ownership for commercial, residential, and agricultural land

Answer

Different registers maintained by the Land Registry for different categories of land

Question 6

What is 'adverse possession' of registered land under the Land Registration Act 2002?

Accepted Answer

After 10 years' adverse possession, the squatter may apply to the Land Registry; the registered proprietor is notified and has 2 years to recover possession; after a further 2 years the squatter may be registered

Answer

12 years' adverse possession automatically transfers title in registered land

Answer

Adverse possession cannot affect registered land

Answer

Adverse possession of registered land requires a court order in all cases