Under the Land Transfer Act 2017, which of the following would NOT be registered or noted on a record of title?
Correct Answer
C) A short personal licence to occupy
A short-term licence to occupy typically does not create a registrable interest under the Land Transfer Act 2017 as it does not grant sufficient rights in land. Mortgages, covenants, and easements all create substantial interests that affect the title and must be registered.
Why This Is the Correct Answer
A short personal licence to occupy is a permission, not an estate or interest in land, so it is not registered or noted on the record of title. Mortgages, covenants and easements, including easements in gross, are registrable.
Why the Other Options Are Wrong
Option A: A mortgage to a bank
Mortgages are registered with a mortgage instrument (s 100) and appear on the record of title.
Option B: A restrictive covenant
Restrictive covenants are registered or noted against the title (for example under s 116 and the Property Law Act 2007).
Option D: An easement in gross
Easements in gross can be registered with an easement instrument under the Land Transfer Act 2017 (ss 107-109).
Deep Analysis of This Property Law Question
The question tests which interests show up on a title search. A buyer's lawyer checks the record of title for registered and noted interests; a short personal licence will not appear there.
Background Knowledge for Property Law
The Land Transfer Act 2017 provides for registration of mortgages (s 100), easements and profits, including easements in gross (ss 107-109), and notation of covenants (s 116). Leases can be registered with a lease instrument (s 91). Personal licences are not interests in land and are not registered; the Act's special licence-to-occupy provisions (ss 122-137) apply only to company-share schemes.
Memory Technique
Remember 'MCE on the title': Mortgages, Covenants and Easements appear on the record of title. A personal licence is like a visitor pass and is never recorded there.
When you see a question about registrable interests, run through MCEL first. If the option doesn't fit these categories or is clearly temporary/personal in nature (like a licence), it's likely not registrable.
Exam Tip for Property Law
Look for keywords: 'licence' usually means non-registrable, while 'mortgage', 'covenant', 'easement', and 'lease' typically indicate registrable interests. Focus on whether the interest creates lasting rights that would affect future owners.
Real World Application in Property Law
A landowner lets a food truck operator use part of a vacant section for six months under a licence. Nothing appears on the record of title. When the owner later grants a neighbour a permanent right of way, that easement is registered and shows on both titles.
Common Mistakes to Avoid on Property Law Questions
- •Using the pre-2018 term 'certificate of title'
- •Thinking easements in gross cannot be registered
- •Treating a personal licence as an interest in land
Related Topics & Key Terms
Key Terms:
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