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CELE SQE1 模拟练习

Examination Timing: 00H01M30S

Jane is reviewing the documents for an unregistered title to a property she plans to purchase. She needs to determine which post-root documents should not be included in the title deeds. The documents she is considering are conveyances on sale, receipts for legal mortgages, documents affecting equitable interests that will be overreached on sale, and a will where the testator died after 1925. 


Which of the following statements best describes which documents should not be included?

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Documents affecting equitable interests that will be overreached on sale are not required as these interests will no longer bind the land and therefore do not form part of the title. Only a grant of probate is required to evidence the authority of a personal representative to convey the land, not the will itself. Conveyances on sale and receipts for legal mortgages are necessary to trace an unbroken chain of ownership to the good root. 


Key Point: When deducing title for unregistered land, focus on documents that establish a clear chain of ownership. Exclude documents related to interests that will be overreached on sale and unnecessary wills, as they do not impact the title's validity.

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Of course, I'd be happy to give you a detailed explanation.

When reviewing documents for an unregistered title to a property, you need to identify which documents are essential for establishing a clear chain of ownership, and which are not necessary for inclusion.

**Key considerations are as follows:**

1. **Conveyances on Sale**: These are important since they show the transfer of ownership from one party to another. Including conveyances helps to establish an unbroken chain of ownership.

2. **Receipts for Legal Mortgages**: These are also essential as they indicate that any mortgages on the property have been paid off, reassuring the buyer that the property is free from these encumbrances.

3. **Documents Affecting Equitable Interests That Will Be Overreached on Sale**: These should **not** be included because when the property is sold, these equitable interests will be overreached. Overreaching means that the interests will not bind the property; instead, they will attach to the purchase money. Hence, these documents do not form part of the title.

4. **Will where the Testator Died After 1925**: It is not necessary to include the actual will as part of the title deeds. Instead, the grant of probate is required to evidence the authority of a personal representative to convey the land. The will itself is not critical to proving a valid chain of ownership.

**Summarizing the points above:**

- You **should not include**: Documents affecting equitable interests that will be overreached on sale, and the will where the testator died after 1925 (because only the grant of probate is necessary).
- You **should include**: Conveyances on sale and receipts for legal mortgages, as they help ensure there is an unbroken chain of ownership.

I hope this clarifies the reasoning behind which documents should and should not be included in the title deeds for an unregistered property. Keep focusing on those documents that establish a clear and valid chain of ownership. You are making great progress—keep it up!

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