Chapter 1 Self-test questions

. Abdi buys Green Fields from Bhatia. With the purchase he acquires:

The solid brick built tractor garage in the north corner of the field.

The portakabin which rests in the east corner of the field.

The sheep which graze in the south corner of the field.

Rusting farm machinery which has been damaged in the overgrown west corner of the field.

. Which of the following items of property are 'real property'?

100 ordinary shares in XYZ Land Holdings Plc.

A lease for 999 years.

A mortgage which ABC Bank holds over the freehold of Villars House.

The copyright in the book 'Real Property for Beginners'.

. If somebody offered to give you one of the following four items of property, which would you choose as the most valuable?

A 999 year lease of Chatsmith Mansion, a massive stately home in excellent condition. The rent is £100 a year.

The fee simple in Beech House, a small terraced house.

A monthly tenancy at a full market rent over a large garage big enough to house two Rolls-Royces.

A 'lease' of Yew House for five years at a full market rent.

. Maz owns Mossy Gardens; Basrat owns adjoining Grove House. They execute a deed under which Maz grants to Basrat the right to run computer cables under Mossy Gardens. The right is expressed to last forever. What do we call the right created?

An easement

A restrictive covenant

A profit à prendre

Rentcharge

. Letitia and Phillipa begin to cohabit in Letitia's house, 'Broadview'. The two women do not enter into either a Civil Partnership or marriage. Phillipa is not employed, but spends several years totally renovating Broadview. What right does she acquire?

A constructive trust interest.

Home Rights under the Family Law Act 1996, ss 30-32.

Lease.

Option to purchase.

. Yesterday, Carla and Davinder signed an agreement under which Davinder agreed to buy Highroof House from Carla. What do we call the property right which Davinder acquires?

Estate contract

Option

Conveyance

proprietary estoppel

. Where a family trust is set up:

The beneficiaries have total control of the trust assets and can do what they like with those assets.

The trustees have total control of the trust assets and can do what they like with those assets.

The trustees own the assets, but are under a purely moral obligation, not enforceable in any court, to pay the income to the beneficiaries.

The trustees have management of the trust assets, but are under an obligation, enforceable by the courts, to pay the income to the beneficiaries.

. Where a trust for sale of land was set up prior to 1997:

The trustees had to sell the land immediately.

The trustees are under a 'duty' to sell the land, but can put off carrying out that duty indefinitely.

There was a trust with only one beneficiary.

The settlor (person creating the trust) wanted to keep the land 'in the family'.

. If somebody dies, one often encounters a document called an 'assent'. What do we mean (in this context) by 'assent'?

It is another name for the deceased's will.

It is the authority given to the executors of the deceased allowing them to wind up the deceased's affairs.

It is the authority given to administrators to wind up the deceased's affairs where there are no executors.

The document used by personal representatives (executors or administrators) to transfer a parcel of land to the person now entitled to it

. In 1985 Xavier acquired Blackthorn House (unregistered title) from Janice. The conveyancing history of Blackthorn House since 1900 was as follows:
  1905 – Edward conveyed Blackthorn House to Frank
  1950 – Frank conveyed Blackthorn House to George
  1971 – George conveyed Blackthorn House to Harry
  1972 – Harry conveyed Blackthorn House to Janice
Which conveyance was the 'root of title'?

1905

1950, a conveyance which was more recent than 1905 but was more than fifteen years old.

1971

1972 In 1985 this conveyance was less than fifteen years old.

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