Which items are listed on the register in the described example?

Which items are listed on the register in the described example?

• A. The restrictive covenant restricting use to residential purposes
• B. The right of way over the unadopted lane
• C. An existing mortgage
• D. All of the above

Answer: (D)

When a property’s title register is looked at, it lists every right or restriction that attaches to the land and binds future owners. A restrictive covenant that limits use to residential purposes is a binding restriction on the land itself, so it appears on the register as a burden. A right of way over a lane is an easement that gives someone a defined access over the property; that kind of right is also registrable and shown on the register. An existing mortgage is a charge secured against the property; lenders require registration of that security, so it shows up in the register as well. Since each of these interests affects how the land can be used or financed and binds future owners, all of these items would be listed on the register.

When a property’s title register is looked at, it lists every right or restriction that attaches to the land and binds future owners. A restrictive covenant that limits use to residential purposes is a binding restriction on the land itself, so it appears on the register as a burden. A right of way over a lane is an easement that gives someone a defined access over the property; that kind of right is also registrable and shown on the register. An existing mortgage is a charge secured against the property; lenders require registration of that security, so it shows up in the register as well. Since each of these interests affects how the land can be used or financed and binds future owners, all of these items would be listed on the register.