Chapter 1 Scenario questions

. Anna purchases a house from Bilal which includes a big garden consisting of a greenhouse cemented to the ground, a very rare Japanese bush in a large pot, and a statue of Bilal's favourite cricket star built into the scheme of the paving area. Anna wants to know if these items are included in the sale of the land. The conveyance transferring the land to Anna was silent on the point. Which one of the following statements most accurately summarizes the legal position?

The greenhouse, bush, and the statue will likely all be fixtures as they have a permanency and increase the enjoyment of the land.

The greenhouse and the statue will likely be fixtures as they have a permanency and increase the enjoyment of the land but not the bush which can be moved and removed very easily and is more likely to be a chattel.

The greenhouse and bush will be chattels as both are easily moved and removed from the land; the statue has greater permanency and will be a fixture.

The bush and the statue will likely be fixtures as they have a special status as novel or unique items which increase the enjoyment of the land but the greenhouse can be easily demolished and removed.

. During a village 'Open Gardens' event, Chad found 14 gold coins and a stunning gold bracelet in Debbie's front garden. Both the coins and the bracelet have been dated to 1500. Who owns these items? Which one of the following statements most accurately summarizes the legal position?

The items are both over 500 years old and therefore fall outside the provisions of the Treasure Act 1996. Chad is entitled to ownership of the items.

The items are both over 500 years old and therefore fall squarely within the provisions of the Treasure Act 1996. The items belong to the landowner, Debbie.

As there are over ten coins and presuming that the coins contain at least 10% precious metal, the coins will be regarded as 'treasure' under the 1996 Act and belong to the Crown. The bracelet as a single item will not be covered and so belongs to Chad.

As there are over ten coins and presuming that the bracelet contains at least 10% precious metal, the items are considered 'treasure' under the Treasure Act 1996 and so will belong to the Crown.

. Evan is the freehold owner of a parcel of land. Evan, who works out of the country, wants to make good use of the land while he is away and has agreed to allow two friends, Freya and Gary, occupy the land during his absence. Evan wants your advice as to whether he should grant Freya and Gary a lease or contractual licences to occupy the land? Which one of the following statements most accurately summarizes Evan's legal position?

Both contractual licences and a lease will allow Freya and Gary to occupy the land but the licence has an advantage for Evan that it will confer fewer rights on Freya and Gary and Evan would be able to bring this arrangement to an end more easily than would be the case for a lease.

Both contractual licences and a lease will allow Freya and Gary to occupy the land but the lease has an advantage for Evan that it will confer fewer rights on Freya and Gary. Evan would be able to bring this leasehold arrangement to an end more easily than is the case for a licence.

Both contractual licences and leases will allow Freya and Gary to occupy the land and neither is more potent or precarious than the other. It is purely a matter of preference as to whether Evan elects to grant a lease or a licence.

Only a lease will allow Freya and Gary to occupy the land and a licence is not possible in this scenario.

. We can think of estates, interests, and rights over land as forming something of a hierarchy with the top of the hierarchy representing the greatest entitlement to enjoyment of land and the bottom representing the least entitlement. Which one of the statements best represents the appropriate hierarchy for the following rights in land: easements, licences, freehold estates, leases.

The hierarchy looks like this: licences at the top tier, followed by freehold estates, then leases, with easements at the bottom tier of the hierarchy.

The hierarchy looks like this: licences at the top tier, then easements, then leases, with freehold estates at the bottom tier.

The hierarchy looks like this: freehold estates at the top tier, then licences, then leases, with easements at the bottom tier.

The hierarchy looks like this: freehold estates at the top tier, then leases followed by easements, with licences at the bottom tier.

Quiz Content