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Return to Complete Land Law 7e Resources
Chapter 18 Self-test questions
Quiz Content
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not completed
.
Which of the following rights can only be equitable, and cannot be legal?
An easement expressly granted by deed, under which the owners of Northacre can take a short cut across Southacre to get to and from Northacre. The easement is expressed to last 'for the lifetime of HRH, the Duchess of Cambridge'.
correct
incorrect
An easement expressly granted by deed, under which the owners of Northacre can cut across Southacre to get to and from Northacre. The easement is to last for one year.
correct
incorrect
A
profit
à
prendre
which arises by prescription.
correct
incorrect
An easement which, like the ventilation shaft easement in
Wong
v
Beaumont
(see section reference 18.4.2), is implied into a legal lease by deed.
correct
incorrect
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Until 1960, John owned Wilby House and the adjoining East Grounds. In 1960, he sold East Grounds to Kevin. He reserved for himself an easement 'to pass on foot with or without animals' along a track which led across East Grounds from the local village to Wilby House. Maria, the current owner of Wilby House, wants to ride her horse along the track. Which of the following points would be decisive against Maria's claim?
The easement created in 1960 was by express reservation, therefore, if in doubt, it should be construed
against
the person making the reservation or his successors.
correct
incorrect
Back in 1960, there was a gateway just six feet (1.8 metres) tall at the entrance to the track from the village.
correct
incorrect
John, because of a medical condition, was (back in 1960) unable to ride a horse.
correct
incorrect
Back in 1960, Wilby House lacked a stable.
correct
incorrect
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Until 2012, Johpur owned both West Farm and Remote House. In 2012, he sold Remote House to Kirsty. Remote House is 'landlocked' (i.e. has no access to the public road). Hitherto, this has not caused a problem, as Kirsty has, with Johpur's permission, driven along a track across West Farm to get to and from Remote House. Matters have now turned nasty, as Kirsty has suddenly converted Remote House into a guest house, and her guests both drive along the track and take other routes across West Farm. What is the current legal position?
Kirsty has a way of necessity for all purposes, including running a guest house, along the track.
correct
incorrect
Kirsty has a way of necessity confined to residential purposes. The servient owner (Johpur) fixes the route.
correct
incorrect
Kirsty has a way of necessity confined to residential purposes. She, as the dominant owner, fixes the route.
correct
incorrect
Kirsty has a way of necessity for all reasonable purposes; the servient owner (Johpur) fixes the route.
correct
incorrect
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Until recently, Xeron owned two adjoining fields: West Field and East Field. He gained access to West Field, not through East Field but through North Field. North Field is owned by Wanda who, as a gesture of friendship, allowed Xeron and his equipment to pass through North Field.
Xeron has now sold West Field to Yusuf. The conveyance said nothing about easements. The only public road access to West Field is a narrow lane, not suitable for anything larger than an average four wheel drive. Yusuf needs an easement to West Field, as he intends to establish a pig-farming business there. That business will require an access route for lorries.
Can Yusuf claim an implied easement?
Yes, over North Field under s.62 LPA 1925.
correct
incorrect
Yes, there is a way of necessity over East Field.
correct
incorrect
Yes, over East Field, if he can show that Xeron knew of his plans for a pig farm.
correct
incorrect
Yes, over East Field, under the rule in
Wheeldon
v
Burrows
.
correct
incorrect
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Until recently, Felicia owned both Big Factory and adjoining Wide Yard. Wide Yard is a large flat concrete area, with no specific use. Felicia's lorries used to drive across Wide Yard to reach Big Factory. There was an average of 100 lorry movements every working day.
Felicia has just sold Big Factory to Gregor. Nothing was said about easements. Big Factory is served by a side road rather narrow for lorries, and the residents are already complaining. The cut across Wide Yard also provides a much more direct route to the main road network. Can Gregor claim an easement by implied grant?
Yes, if at the time he purchased Big Factory the tyre marks were visible on Wide Yard, using the authority under s.62 LPA 1925 following the judgment in
Wood v Waddington
.
correct
incorrect
Yes, there is an 'intended easement'.
correct
incorrect
No, even under
Wheeldon
v
Burrows
, because of the alternative route along the side road.
correct
incorrect
No, the tyre marks are not visible on Wide Yard.
correct
incorrect
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John owned Purple House and adjoining Green Space, a large concreted area which he uses for various storage purposes. In 2011, he leased Purple House to Kevin for ten years. Purple House includes a large garage. However, in 2016, John gave Kevin permission to park his car on Green Space 'whenever there is space', and Kevin from time to time made use of this permission.
When Kevin's lease expired in 2021, John sold the freehold in Purple House to Leonard. Leonard claims an easement to park his car on Green Space. Will his claim succeed?
No, because the right claimed cannot be an easement.
correct
incorrect
No, because the right claimed was, prior to the sale, only exercised 'from time to time'. It was not 'continuous and apparent'.
correct
incorrect
No, because Purple House has its own 'large garage', and it therefore cannot be said that the parking on Green Space is 'necessary'.
correct
incorrect
Yes.
correct
incorrect
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not completed
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Which of the following statements is correct?
The various rules for an implied grant cannot apply where land is acquired under a compulsory purchase order.
correct
incorrect
The rules for the implied grant of easements cannot be excluded by contrary agreement.
correct
incorrect
There can be no implied grant where a testator's will leaves two adjoining plots of land to different beneficiaries.
correct
incorrect
Section 62 LPA 1925 can be applied to an equitable lease or contract for sale.
correct
incorrect
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Lemuel owned White Restaurant and adjoining Black Square, both of which were still unregistered title. Black Square is a rough piece of ground used mainly for storage. Until 2015, Lemuel ran White Restaurant very successfully. Most of his clientele reached the restaurant by walking over Black Square, as this is by far the shortest route to and from the town centre.
In 2017, Lemuel granted a seven-year legal lease of White Restaurant to Tartar. In 2019, Lemuel sold Black Square to Patel. Patel concedes that in 2017 Tartar acquired an easement under the
Wheeldon
v
Burrows
rule, but he contends that the easement does not bind him. The easement has not been entered on either the Land Charges Register or on the Register of Title. Does the easement (which is greatly valued by Tartar and his customers) bind Patel?
Yes
correct
incorrect
No; the easement should have been registered as a land charge on the computer at Plymouth.
correct
incorrect
No, as the right should have been protected by an entry of a Notice at the District Land Registry.
correct
incorrect
No, as the easement is 'overreached'.
correct
incorrect
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Same scenario as in Question 08, except that the freeholds to White Restaurant and Black Square have been registered title since 1992. The easement, which is used every day by Tartar's customers, has not been entered on the Land Register in any way. Does the easement bind Patel?
No, the easement should have been registered under LRA 2002, s.27(2)(d).
correct
incorrect
Yes, the easement is overriding within Schedule 3 para 2 LRA 2002.
correct
incorrect
Yes, the easement is overriding within Schedule 3 para 3 LRA 2002.
correct
incorrect
No, the easement should have been protected by the entry of a Notice.
correct
incorrect
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Same scenario as in Question 09, except that the lease of White Restaurant is only an equitable lease. Patel conceded that the equitable lease is an overriding interest within Schedule 3 para 2 LRA 2002, but contends that he is not bound by the easement. The easement has not been entered onto the Land Register in any way. Does the easement bind Patel?
Yes, because it is an overriding interest by virtue of Schedule 3 para 3 LRA 2002.
correct
incorrect
Yes, because it is an overriding interest by virtue of Schedule 3 para 2 LRA 2002.
correct
incorrect
No, because it should have been protected by the entry of a notice on the register of title.
correct
incorrect
No, because it should have been substantially registered under LRA 2002, s.27(2)(d).
correct
incorrect
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In 2011, an easement is expressly granted by deed over Blackacre (registered title) to last forever. In what circumstances will this easement be an overriding interest?
Only if the easement is obvious on a reasonably careful inspection.
correct
incorrect
Only if the easement is exercised at least once a year.
correct
incorrect
Never
correct
incorrect
Only if a purchaser actually knows of the easement.
correct
incorrect
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