Chapter 5 Self-test questions

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

Constructive trust and resulting trust.

Co-ownership and successive ownership.

Joint tenancy and tenancy in common.

Legal Joint tenancy and equitable joint tenancy.

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

Under a joint tenancy, each co-owner is regarded as wholly entitled to the land.

Under a joint tenancy, no single co-owner has a 'share' in the co-owned land.

Under a joint tenancy, survivorship operates.

Under a joint tenancy, severance cannot take place.

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

Unity of possession, interest, title, and time.

Unity of possession, interest, title, and intention.

Unity of possession, survivorship, title, and time.

Unity of possession, purpose, title, and time.

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

Survivorship operates so that when one tenant in common dies, her interest automatically passes to the remaining joint tenants.

Survivorship operates so that when one tenant in common dies, co-ownership is terminated for all co-owners.

Survivorship operates so that when one joint tenant dies, her interest automatically passes to the remaining joint tenants.

Survivorship operates so that when one joint tenant died, co-ownership is terminated for all co-owners.

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

Severance is the process whereby a joint tenant separates their interest from the other joint tenants and becomes a tenant in common.

Where severance takes place, the tenant in common can point to a notional 'share' in the co-owned land.

A severed co-owner is free to bequeath her interest to heirs.

Where severance takes place, the doctrine of survivorship still operates on that co-owner's death.

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

True

False

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

True

False

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

No—there can be no severance of a joint tenancy at law.

Yes—severance operates at law in the same way as in equity.

Severance at law can only take place where all parties consent.

Severance at law can only take place by way of order of the court.

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

True

False

. 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.

Two

Three

Four

Five

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

True

False

. 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?

Any express declarations of trust.

The presence or absence of the four unities.

The application of equitable presumptions.

The value of the land in question.

. 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.

Express declarations are readily overruled in the interests of justice.

Express declarations are conclusive and not readily usurped.

Express declarations are just one piece of evidence taken into consideration of all the circumstances as a whole.

Express declarations can never be overturned or set aside.

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

No—the four unities are relevant only to co-ownership at law.

No—the four unities no longer have any application in co-ownership whether at law or in equity.

Yes—all forms of co-ownership require all four unities to be present.

Yes—all four unities are required for a joint tenancy; only one of the four for a tenancy in common.

. 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?

Equity follows the law thus there is a presumption a joint tenancy in equity.

Equity prefers a joint tenancy thus there is a presumption of joint tenancy.

Unequal contributions to the purchase price presume a tenancy in common.

Mortgage loan advanced from two or more mortgagees presumes a tenancy in common.

. 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.

Harris v Goddard (1983)

Burgess v Rawnsley (1975)

Pye v Graham (2002)

Stack v Dowden (2007)

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

Severance converts a joint tenancy into a tenancy in common.

When an equitable joint tenancy severs, she becomes a tenant in common with a proportionate share.

Severance must take place before death.

Severance can be reversed with clear and unequivocal notice.

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

Severance by written notice.

Severance by operating on one's own share.

Severance by mutual agreement.

Severance by will.

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

First National Security v Hegerty (1965)

Burgess v Rawnsley (1975)

Re Dennis (1996)

Kinch v Bullard (1999)

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

Section 1 of the Forfeiture Act 1982

Section 1 of the Forfeiture Act 1986

Section 1 of the Forfeiture Act 1992

Section 1 of the Forfeiture Act 1996

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

True

False

. 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?

True

False

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

Partition can only bring co-ownership to an end by order of the court.

Partition is only possible when carried out by the trustees (legal owners).

Partition can take place either by the trustees or by order of the court.

Partition is no longer possible since enactment of TOLATA 1996.

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

Section 1 of TOLATA 1996

Section 7 of TOLATA 1996

Section 11 of TOLATA 1996

Section 12 of TOLATA 1996

. 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?

True

False

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

True

False

. 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.

Section 1 of the LPA 1925

Section 27 of the LPA 1925

Section 6 of TOLATA 1996

Section 8 of TOLATA 1996

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

It places on trustees a duty to consult beneficiaries as far as is practicable when exercising any of their functions in relation to land.

It places on trustees a duty to get the consent of beneficiaries as far as is practicable when exercising any of their functions in relation to land.

It places on trustees a duty of care when exercising any of their functions in relation to land.

It places on trustees a duty to keep in good repair the land subject to the trust.

. 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.

Rodway v Landy (2001)

C. Putnam & Sons v Taylor (2009)

W v M (TOLATA Proceedings: Anonymity) (2012)

Bagum v Hafiz (2015)

. 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.

Section 14 TOLATA 1996

Section 15 TOLATA 1996

Section 306 of Insolvency Act 1986

Section 335A of Insolvency Act 1986

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

True

False

. 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?

True

False

. 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.

Constructive trusts

Proprietary Estoppel

Covenants

Overreaching

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

Section 3 TOLATA 1996

Section 6 TOLATA 1996

Section 10 TOLATA 1996

Section 16 TOLATA 1996

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

Section 16 TOLATA 1996

Section 26 TOLATA 1996

Section 16 of the LRA 2002

Section 26 of the LRA 2002

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