Chapter 3 Self-test questions

. In 1840 Charles, the fee simple owner of Daisy Meadow, granted to David, his neighbour, the fee simple owner of Sunny Gardens, a legal profit allowing the owner of South House to graze twenty sheep in Daisy Meadow.

In 1843 Edwards, a new owner of Daisy Meadow, prevents David from grazing his sheep. What remedy(ies) are available to David?

As David has a 'legal right', his only remedy is to sue for damages in a common Law court.

David's only remedy is to obtain an injunction in a common law court.

David's only remedy is to sue for an injunction in the Court of Chancery.

David can sue Edward for damages in a common law court and sue for an injunction in the Court of Chancery.

. It is 1830. Blackacre is held on trust by Taddy and Teddy in trust for Anne for life, remainder to her son Algernon. The trustees are mismanaging the property. In which court should the beneficiaries sue for breach of trust?

Any court.

The Court of King's Bench.

The Court of Common Pleas.

The Court of Chancery.

. Section 52 of the Law of Property Act 1925 requires (as a general rule) what sort of formality to create a legal property right?

A deed.

A written document signed only by the person creating a right.

A written document signed only by the person receiving the right.

A written document signed by both parties.

. A document executed after 31^st July 1990, to be a deed, must comply with the following formalities:

It must be signed, sealed and delivered.

It must be signed, and that signature must be witnessed by two witnesses.

It must be signed, and then delivered.

It must be clearly stated that it is a deed, it must be signed, the signature(s) must be witnessed by one witness, and it must be delivered.

. In 2015, Alvin and Yusuf draw up a document headed 'lease'. The document says that Alvin is leasing '2 Wimbourne Close' to Yusuf for five years at £5,000 per annum rent. The document is signed only by Alvin. What is the result?

The transaction is initially unenforceable, but is in effect validated when Yusuf takes possession.

The transaction is completely void.

The transaction is a valid legal lease.

The transaction is a valid equitable lease.

. Last week, Shakir and Jack both signed a contract under which Shakir agreed to sell to Jack his corner shop (currently unregistered title). What has Jack already acquired?

An estate contract.

An option.

Legal ownership.

The rights of a beneficiary under a bare trust.

. Last year, Evans and the Bank of Wales signed a contract under which the Bank agreed to lend Evans £100,000. Evans agreed to mortgage his house, 'Chez Cymru', to the Bank to secure the loan. The money was lent, but due to an administrative mistake at the Bank, a mortgage deed was never executed. What is the result of this scenario?

There is no property right created.

There is a legal mortgage.

There is an equitable mortgage.

A trust of which the Bank is the beneficiary.

. Blogtown properties has just agreed to sell a block of offices to Highrise Land Holdings, completion to be in three months' time. Which of the following statements is correct?

Highrise Land Holdings is immediately entitled to all the rents from the tenants.

Unless special provision has been made in the contract, Highrise Land Holdings should insure the property, as the risk of damage/destruction has passed to Highrise Land Holdings.

Blogtown can relet empty offices without consulting Highrise Land Holdings.

If the Local Authority makes a compulsory purchase order, then, unless there is a special provision in the contract, Blogtown is entitled to the compensation.

. Two years ago, Abdi and Christos signed an elaborate document under which Abdi leased a shop to Christos for ten years. The document is head 'legal lease', but it is not in the form of a deed. One of the clauses in the document says that the shop must be kept open every weekday, from 0900 to 1800 hours. Christos has complied with all his obligations, except that he closed for two hours last week so that he and his staff could attend the funeral of the shop's best customer. What property right has Christos now got?

Because of his recent breach of contract, none.

Legal lease.

An equitable lease.

Licence.

. Mackenzie owns Homefarm, Nadia owns neighbouring Field House. Five years ago they signed an agreement (not in the form of a deed) under which Mackenzie agreed with Nadia that Nadia could cross Homefarm on a defined path. Nadia paid £30 as 'consideration'. Nadia often strays from the footpath, causing considerable damage to Mackenzie's crops of vegetables. What right has Nadia now got?

None.

An equitable easement.

A legal easement.

An equitable profit.

. Which of the following propositions is correct?

Prior to 1925, the list of types of legal property rights was the same length as the list of types of equitable property rights.

Prior to 1925, the list of types of legal property rights was somewhat shorter than the list of types of equitable property rights.

Prior to 1925, the list of types of legal property rights was considerably shorter than the list of equitable property rights.

Prior to 1925, the list of types of legal property rights was longer than the list of equitable property rights.

. Which of the following propositions is correct?

After 1925, the list of types of legal property rights was the same length as the list of types of equitable property rights.

After 1925, the list of types of legal property rights was somewhat shorter than the list of types of equitable property rights.

After 1925, the list of types of legal property rights was considerable shorter than the list of types of equitable property rights.

After 1925, the list of types of legal property rights was longer than the list of types of equitable property rights.

. Prior to 1926, which of the following property rights could not exist at law, but only in equity?

Fee tail.

Life estate

A restrictive covenant.

Fee simple in remainder.

. After 1925, which of the following property rights can still exist at law?

A fee tail.

A rentcharge to last for sixty years.

A restrictive covenant.

A fee simple in remainder.

. When is fee simple 'in possession' for the purposes of section 1(1) of the Law of Property Act 1925?

Only if the owner of the fee simple has a right to immediate physical enjoyment of the land.

If the owner can either physically occupy the land or collect rent(s) from tenant(s) of the land.

If the owner either has the right to immediate occupation of the land, or will have the right to occupy once somebody currently occupying has died.

If the owner has a right to occupy, either now or sometime in the future.

. Which of the following rights can be a legal interest after 1925?

A rentcharge to last for the life of X.

A profit à prendre to last for ten years.

An easement to last for the life of Y.

A restrictive covenant.

. Which of the following rights can, after 1925, only be an equitable interest?

The Inheritance Tax Charge in favour of the Revenue.

The Legal Services Commission Charge.

A right of entry.

A right granted 'to X for life'.

. In 1990, Hugh granted number 89 Daisy Way 'to Renée for life, remainder to Colin in fee tail'. How many equitable interests were created by this grant?

None.

One.

Two

Three

. In 1990, Will granted number 86 Pembrooke Gardens 'to Rachel for life, remainder to Marcus in fee tail'. Who will own the legal fee simple absolute in possession in 86 Pembrooke Gardens?

Will.

Rachel.

Marcus.

Independent trustees.

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