Chapter 5 Self-test questions

Co-ownership

Quiz Content

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. What are the two forms of co-ownership recognized in English land law today? Select one of the following.

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. Which one of the following statements is incorrect as regards a joint tenancy?

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. For a joint tenancy to exist, all four unities must be present, but what are the four unities? Select one of the following.

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. What is the doctrine of survivorship? Select one of the following.

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. Which one of the following statements regarding severance is incorrect?

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. Co-ownership at law is more flexible than co-ownership in equity. True or false?

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. At law, co-ownership can only exist under a joint tenancy. True or false?

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. Can severance take place at law? Select one of the following.

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. Statute places a limit on the number of legal co-owners that can exist over a parcel of land. True or false?

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. According to s. 34(2) of the LPA 1925, what is the maximum number of co-owners permitted at law? Select one of the following.

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. Co-ownership in equity is more flexible than co-ownership at law. True or false?

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. Which one of the following is not an analytical tool for determining whether co-owned land in equity is being held under a joint tenancy or a tenancy in common?

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. What do the cases of Goodman v Gallant (1986) and Pankhania v Chandegra (2012) tell us about the status of express declarations of trust? Select one of the following.

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. Can the four unities be used as a tool for analysing how co-owned land is held in equity? Select one of the following.

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. Which one of the following is not an equitable presumption that can be relied upon to determine how co-owned land is held in equity?

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. In which key severance case did Dillon LJ say the following: 'severance … is the process of separating off the share of a joint tenant, so that the concurrent ownership will continue but the right of survivorship will no longer apply [to that severing party]. The parties [who have severed] will hold separate shares as tenants in common'? Select one of the following.

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. As to the operation of the doctrine of severance, which one of the following is incorrect?

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. Which one of the following is not a method of severance?

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. Which one of the following is the leading case on severance by mutual agreement?

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. Severance by operation of law through forfeiture is governed by which statutory provision? Select one of the following.

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. Co-ownership can only be brought to an end by order of the court. True or false?

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. Co-ownership can be brought to an end when the land comes into the sole ownership of just one single joint tenant. True or false?

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. How can partition bring co-ownership to an end? Select one of the following.

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. Which provision of TOLATA 1996 governs partition of co-owned land? Select one of the following.

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. Co-ownership is brought to an end when the legal estate of co-owned land held on trust is sold to a third party and that third party takes free of the equitable interests under that trust by complying with the requirements for overreaching. True or false?

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. TOLATA 1996 replaced the trust for sale with the trust of land. True or false?

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. According to which statutory provisions do trustees under a trust of land enjoy 'all the powers of an absolute owner'? Select one of the following.

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. What is the significance of s. 11 of TOLATA 1996? Select one of the following.

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. In which case did the court consider the relationship between ss. 12 and 13 of TOLATA 1996 on beneficiaries' right to occupy co-owned land? Select one of the following.

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. When the court is considering how to resolve an application in relation to land subject to a trust involving a co-owner who is bankrupt, what is the relevant statutory provision that governs the court's jurisdiction here? Select one of the following.

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. Co-owned land cannot be sold. True or false?

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. When considering the protections that exist for purchasers of co-owned land, it is vital to distinguish between the protections that exist in unregistered land those that exist in registered land. True or false?

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. Despite different protections existing for purchasers of co-owned land in unregistered and registered land, which of the following is a principal means of protection for purchasers that operates in both unregistered and registered systems? Select one of the following.

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. In unregistered land, protection for purchasers is provided by which statutory provision? Select one of the following.

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. In registered land, protection for purchases is provided for by which statutory provision? Select one of the following.

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