RES exam question on Land Law: Consider these interests and encumbrances over land
Consider these interests and encumbrances over land: an easement granting a right over neighbouring land (e.g. a right of way), a caveat lodged to protect an unregistered interest, and a mortgage or charge registered against the title. Which is/are correct? (i) An easement is a proprietary right benefiting one parcel over another (ii) An easement automatically disappears when the property is sold (iii) A caveat warns third parties of a claimed interest (iv) A registered charge/mortgage is an encumbrance on the title
- A(iii) and (iv) only
- B(i), (iii) and (iv) only
- C(i), (ii), (iii) and (iv)
- D(i), (ii) and (iii) only
Show answer & explanation
Answer
B. (i), (iii) and (iv) only
Explanation
(i) is correct: an easement is a proprietary right benefiting one parcel of land over another, (iii) a caveat warns third parties of a claimed unregistered interest, and (iv) a registered charge/mortgage is an encumbrance on the title. Hence B.
Why the other options are wrong
- (ii) is wrong: an easement runs with the land and is not extinguished merely because the property is sold.
Study the concept behind this question: Caveats and Registration of Title
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