Chapter 1 Self-test questions

. Land law is the law of 'real property' or realty. True or false?

True

False

. Land law is concerned with rights in rem. What does in rem mean? Select one of the following.

In rem means 'rights in the thing'.

In rem means 'rights against people'.

In rem means 'equitable rights'.

In rem and in personam are synonyms meaning 'legal rights'.

. The personal/proprietary distinction is ancient and only of historical rather than contemporary interest. True or false?

True

False

. Which one of the following statements most accurately reflects the scope of land law today?

Land law today is a framework limited regulating the personal rights between different parties.

Land law today is a framework limited regulating the proprietary rights of families and those in close or intimate relationships.

Land law today is a framework regulating all personal rights arising between different parties.

Land law today is a framework regulating the rights and responsibilities of people in relation to land.

. Land law is, in essence, a system governing the nature, creation and protection of rights in land. True or false?

True

False

. The traditional starting point is to ask 'what is land'? A definition of land is offered in s. 205(1)(ix) of which vitally important piece of land law legislation? Select one of the following.

Land Charges Act 1925

Law of Property Act 1925

Land Registration Act 1925

Land Registration Act 2002

. The s. 205 LPA 1925 definition of 'land' may be rather confusingly drafted but it does help us do what? Select one of the following.

It recognizes that land only includes tangible property such as trees and coal.

It recognizes that land only includes rights that are intangible such as leases and mortgages.

It recognizes that we need a new law to clarify with specificity what land actually is.

It recognizes that land is more than just physical, tangible property.

. The Latin phrase Cuius est solum, eius est usque ad coelom ad inferos—the owner of the soil also owns everything up to the sky and down to the centre of the earth—is an accurate reflection of the expansive meaning of 'land' in our modern land law. True or false?

True

False

. When considering what we mean by 'land,' an important distinction is made between chattels and fixtures. Why is this distinction so important? Select one of the following.

Whether an item is a chattel or a fixture determines if any rights arising are legal or equitable in nature.

Whether an item is a chattel or a fixture determines if any rights arising have been validly created.

Whether an item is a chattel or a fixture determines if it is deemed to form part of the land—this is significant when it comes to buying and selling land.

Whether an item is a chattel or a fixture determines how long a right in land endures.

. What is the current 'test' for determining whether a chattel has become a fixture and therefore forms part of the land? Select one of the following.

No test has been devised. There is no currently way of determining if a chattel or a fixture.

The House of Lords in Street v Mountford (1985) set out two key factors to be considered: (i) the degree of annexation; and (ii) the purpose of annexation.

The House of Lords in Elitestone Ltd v Morris (1997) set out two key factors to be considered: (i) the degree of annexation; and (ii) the purpose of annexation.

The House of Lords in Stack v Dowden (2007) set out two key factors to be considered: (i) the degree of annexation; and (ii) the purpose of annexation.

. The personal/proprietary divide is essential to understanding land law but what does it mean? Select one of the following.

Personal rights are capable of binding—in other words, being enforceable against—third parties whereas proprietary rights are only binding on those parties that created the rights.

Proprietary rights are capable of binding—in other words, being enforceable against—third parties whereas personal rights are only binding on those parties that created the rights.

Both personal and proprietary rights are capable of binding—in other words, being enforceable against—third parties; the personal/proprietary divide decides whether rights are legal or equitable in nature.

Both personal and proprietary rights are capable of binding—in other words, being enforceable against—third parties; the personal/proprietary divide decides how rights are defined and their duration.

. It is the proprietary status of rights that gives them their potency. True or false?

True

False

. Given the power of proprietary status, it is important that the categories of proprietary rights are well-defined. In which case did Lord Wilberforce explain the four characteristics of proprietary rights? Select one of the following.

Poole's Case (1703)

National Provincial Bank v Ainsworth (1965)

Berkley v Poulett (1977)

Botham v TSB (1996)

. What were the four characteristics of proprietary rights that Lord Wilberforce explained must be present for a right to be admitted to the category of property? Select one of the following.

Rights must be definable, identifiable by third parties, have an established end-date, and have a degree of permanence or stability.

Rights must be definable, identifiable by third parties, have an established end-date, and be legal in nature.

Rights must be definable, identifiable by third parties, be capable of assumption by third parties, and be equitable in nature.

Rights must be definable, identifiable by third parties, capable in nature of assumption by third parties, and have a degree of permanence or stability.

. In which one of the following contexts is the personal/proprietary divide of particular significance?

In distinguishing between leases and licences.

In distinguishing between chattels and fixture.

In distinguishing between easements and covenants.

In distinguishing between registered and unregistered land.

. Which one of the following statements is correct?

All land is still technically held directly from the Crown and, if a landowner dies without having made a will, the land can pass back to the Crown.

All land is still technically held by the Crown and, if the rightful owners are not named when land is sold, it automatically reverts to the Crown.

All land is still technically held directly from feudal Lords.

All land is still technically held directly from 'The People'.

. What is meant by 'estate in land'? Select one of the following.

An estate in land is a larger plot of land on which several smaller properties are built.

An estate in land describes the relationship between the Crown and the individual landowner.

An estate in land is an interest in land for a particular duration.

An estate in land is another way of saying 'I own this land.'

. Today, only two estates in land can exist at law—which two are they? Select one of the following.

Freehold and Leasehold.

Fee tail and life estate.

Unregistered and registered.

Scottish and English.

. What is another name for 'estate in fee simple absolute in possession'? Select one of the following.

Leasehold

Mortgage

Freehold

Easement

. What is an 'interest' in land? Select one of the following.

An interest in land is a financial asset relating to land.

An interest in land refers to anyone affected by any parcel of land.

An interest in land is a historical form of equitable estate that no longer exists today.

An interest in land is a property right that does not confer any rights of ownership.

. Why is the legal/equitable distinction important in land law? Select one of the following.

It is no longer important since the enactment of the Land Registration Act 2002.

It is only important in unregistered land.

It is important for determining whether a right is personal or proprietary.

It is important when considering whether and how far a right is enforceable, for example, against a third party.

. Which statutory provision tells us whether a right is capable of existing as a legal right? Select one of the following.

Section 1(1) of the LPA 1925

Section 1(2) of the LPA 1925

Section 1(3) of the LPA 1925

Section 1(4) of the LPA 1925

. Compliance with formality and registration requirements is also important in deciding whether a right that exists is legal or equitable. Most legal rights must be created by deed. Which one of the following is not a requirement for a valid deed?

It is made in writing.

It is made clear on its face that the document is intended to be a deed.

It is validly executed as a deed.

There is consideration on the contract.

. In what circumstances may equity intervene to recognize a failed attempt to grant a legal right as giving rise to an equitable interest? Select one of the following.

Where it is clear that this was intended by the parties.

When the conscience of the court is 'shocked'.

When there has been a failure of formalities (e.g. failed deed) but there is a valid and enforceable agreement to grant a right.

When the court is persuaded to exercise its discretion in the interests of justice.

. Which one of the following is not a requirement for a purchaser wanting to take free of an equitable interest under the doctrine of notice?

She has acted bona fide.

She is a purchaser of any interest in land.

She is a purchaser for value.

She is a purchaser without notice.

. Why was the raft of legislation enacted around 1925 (sometimes known as 'the 1925 legislation') important for modern land law? Select one of the following.

It set the tone for the modern law, consolidating and rationalizing 40 years of land reform.

It replaced wholesale the law that has existed prior.

It was the first time land could be 'owned' in England.

It set down different laws for all the nations of the UK.

. Unregistered and registered land are two distinct systems which operate according to quite different rules. True or false?

True

False

. What is the principal source of the law on registered land? Select one of the following.

Land Registration Act 1925

Land Registration Act 2000

Land Registration Act 2002

Land Registration Act 2004

. Today, in unregistered land, there is a narrow form of registration of certain 'commercial' interests—but under which statute are these interests registrable as land charges? Select one of the following.

Land Charges Act 1925

Land Charges Act 1972

Land Charges Act 2002

Land Registration Act 2002

. What percentage of the total land mass in England and Wales remains unregistered today? Select one of the following

4%

14%

24%

34%

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