Chapter 1 Self-test questions

1. What is meant by the terms 'realty' or 'real property'?

Freehold land

Freehold and leasehold land

All types of property

Tangible property

2. The saying 'he who owns the land owns everything reaching up to the very heavens and down to the depths of the earth' expresses the true extent of land in English law.

True

False

3. Ali wants to build a house with a cellar on his land, which adjoins the highway. How far can the cellar extend?

Only as far as the edge of his land.

As far as to the mid-point of the adjoining highway.

All the way under the adjoining highway.

He cannot build a cellar at all, as land does not include subterranean space.

4. Which of the following statements about airspace are correct? Please select all that apply.

Aircraft flying above land are trespassing on it.

Lower regions of airspace, to the height necessary for ordinary use of the land, form part of the land.

If an object intrudes into airspace but does not affect ordinary use of land, it is not a trespass.

The landowner may build out into airspace over the highway.

5. Match the definition to the correct word.

5a. An object that is attached to the land in such a way and for such a reason that it becomes part of the land

5b. All property that is not real property; an object which does not form part of land

5c. Any real property, having a physical form, that can be passed to an heir

5d. Intangible rights which form part of the land

6. Which of the following are tests for determining whether an object is a fixture or a chattel? Please select all that apply.

The degree of annexation

The purpose of annexation

Whether the object would be destroyed by removal

Whether the object forms part of an architectural scheme

7. Trade fixtures, ornamental fixtures and agricultural fixtures are the three types of __________ fixtures.

8. What are the rights relating to each sort of water?

8a. This type of water is regarded as forming part of the land on which it rests and landowners can do as they like with it, subject to any statutory controls under the Water Resources Act 1991

8b. Landowners have certain natural rights over this type of water: they can fish in it and they have the right to an undiminished flow of the water

8c. There is a presumption that the Crown owns the foreshore. In addition, the public has rights of navigation and fishing over this water

8d. Landowners have no natural right to this type of water

9. Which of the following are requirements for a proprietary right? Please select all that apply.

It must be able to be defined.

It must be transferable to third parties.

It must have a degree of permanence and stability.

It must be created by deed.

10. An object dug up from land belongs to the finder.

True

False

11. Betty, a student, has found a fashionable silver bracelet on the floor of a lecture theatre at university. If the person who lost the bracelet cannot be found, to whom does it belong?

It must belong to the university, because they are the occupiers of the land.

It must belong to Betty, because she found it.

It belongs to the Crown as treasure.

It depends upon whether Betty is a trespasser, and on the intentions shown by the university in respect of the lecture theatre.

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