Land MCQ with Answers PDF

Title Land MCQ with Answers
Course Land Law
Institution University of Exeter
Pages 4
File Size 84.6 KB
File Type PDF
Total Downloads 6
Total Views 162

Summary

MCQ practice with answers...


Description

Land Law Multiple Choice exercises

In each case identify the single best answers. Answers are provided on the final page.

1. Which of the following interests in land cannot exist at law under s.1 LPA 1925? a) Leasehold b) Mortgage c) Easement d) Beneficial interest under trust of land

2. Which of the following requires both deed and registration to take effect at law? a) Mortgage b) Leasehold of more than seven years c) Transfer of freehold d) All of the above

3. Which of the following produces a legal lease under the agreement/instrument used? a) A lease granted for 2 years by oral agreement, taking effect immediately in possession at best or market rent. b) A lease granted for 10 years executed by deed only. c) A lease granted for 6 months by oral agreement, to commence a month after the agreement, at best or marker rent. d) A lease granted for 5 years, conveyed by written contract containing all the main terms and signed by both parties, at best/market rent.

4. Which of the following unregistered interests is not protected by S.29 & Schedule 3 LRA 2002? a) a legal lease of up to 7 years. b) an equitable lease where there is actual and discoverable occupation on the date of disposition. c) an equitable easement. d) a beneficial interest under trust of land where there is actual and discoverable occupation on the date of disposition.

5. An equity by estoppel arises, and operates in rem: a) from the moment the ‘ingredients’ for an estoppel claim are present (assurance, detrimental reliance). b) from the moment the equity is satisfied by a court.

c) upon entry in the title of the burdened land. d) following costly litigation at the Court of Appeal.

6. The proportionality approach adopted in Jennings v Rice supposes a balancing act when seeking to satisfying the equity. The balance is between: a) the certainty of the assurance and the value of the assurance. b) the reliance loss and the expectation loss. c) the reliance loss and the opportunity cost. d) the opportunity cost and the actual detriment incurred.

7. The mortgagor’s ‘equitable right to redeem’ the mortgage means: a) the mortgagor (borrower) has the right to pay off the loan, interest and charges before the contractual term of the mortgage, and thus take the property free of the mortgage burden. b) the mortgagor (borrower) has the right to resist possession proceedings under s.36 AJA 1970. c) the mortgagor (borrower) has the right to challenge the validity of unconscionable terms in the mortgage agreement. d) the mortgagor (borrower) has the right to call upon the conscience of the court to discharge the mortgage on any grounds.

8. Which of the following is not a right held by a mortgagee: a) the immediate right to possess the mortgaged property. b) the right to ask the court for a possession order. c) the right to sell the property under s.101 and 103 LPA 1925. d) the right to impose clogs and fetters on the equity of redemption.

9. Factual possession, with an intention to possess, over a period of 12 years, has the effect of extinguishing the title of the paper owner when dealing in: a) unregistered land only b) registered land only c) unregistered and registered land d) none of the above: the Limitations Act has been repealed.

Q 10 and 11 continue on the next page…

Abi has registered title to the freehold land known as 5 Park Lane. She grants Bob and Cindy a 5-year lease by written contract, which contains the main terms and in signed by all of the parties. The rent is paid annually: £10,000 per year. Three months into the lease, Bob and Cindy decide to take up work abroad on a temporary basis, leaving 5 Park Land but intending to return within the duration of the lease, to check post and maintain a UK address. A year later, Abi decides to sell the freehold to Darren for £800,000, which is executed by deed and registration. Darren inspected the property three months before he completed on the purchase, and seeing that nobody lived there, assumed he would be buying the house with vacant possession. Just before completion, and unknown to Darren, Bob and Cindy move back in. After completion, Darren is shocked to realise that Bob and Cindy live there. Darren asks Bob and Cindy to leave immediately, but they refuse. Answer the following questions: 10. Bob and Cindy were granted: a) a five-year legal lease b) a five-year equitable lease c) a licence d) a month-to-month periodic tenancy 11. Bob and Cindy’s interest: a) takes priority over Darren’s interest, because of s.28 b) takes priority over Darren’s interest, because their lease was registered c) takes priority over Darren’s interest, because of s.29 & Schedule 1 para 1 d) takes priority over Darren’s interest, because of s.29 & Schedule 1 para 2 e) does not take priority over Darren’s interest, because Schedule 3 does not cover their type of interest f) does not take priority over Darren’s interest, because Darren couldn’t have possibly discovered their interest, as required by Schedule 3 para 2 g) does not take priority over Darren’s interest because their interest does not operate in rem.

Answers are on the next page

1d 2d 3a 4c 5a 6b 7a 8d 9a 10b 11d...


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