Chapter 7 Scenario questions

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. Kos and Brenda recently bought a house together in the Cotswolds. However, needing to keep a low profile so that Kos' ex-partner does not find him, the house was registered in Brenda's sole name. They would, however, like to set up a trust establishing them both as beneficial owners, with Brenda owning 75% of the house. What formalities must they comply with to create a valid express trust?

Express a clear intention to create a trust and evidence this intention through oral statements correct incorrect

Infer an intention to create a trust through their actions correct incorrect

Execute a deed correct incorrect

Express a clear intention to create a trust and evidence this intention in writing correct incorrect

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. Artem is the legal owner of a field near Chester. He has had an argument with his brother, who is neither a legal or beneficial owner of the land but has strong sentimental attachments to it, and wishes to know what powers he regarding the land. What powers does Artem therefore have over the land under s23 Land Registration Act 2002? Select all that are applicable.

To transfer the land gratuitously correct incorrect

To grant a mortgage by demise correct incorrect

To sell the land correct incorrect

To lease the land to a third party correct incorrect

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. Kos and Brenda have successfully declared an express trust over their family home, granting Kos a 25% beneficial interest in the property. Brenda is still the sole legal owner of the property. How should Kos best protect his beneficial interest on the land register?

Through the entry of a restriction on the land register correct incorrect

Through the entry of a notice on the land register correct incorrect

Through not using the land registry and instead utilise the doctrine of overreaching correct incorrect

To do nothing correct incorrect

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. Kos, a beneficiary with a 25% share of the family home, has recently been left by his wife, Brenda. The two had been having problems for the last year, and Kos had moved in with his sister 7 months ago to give the two some space. He had taken the majority of his clothes and toiletries, but had left all his furniture, pictures of himself and Brenda, and his porcelain donkey collection, which took up most of the second bedroom. Will Kos be deemed to be in actual occupation for the purposes of claiming an overriding interest?

Yes, but only if Brenda has disclosed his occupation on being questioned by a potential purchaser correct incorrect

No, because a claimant cannot be absent from the property for more than 36 consecutive hours correct incorrect

No, because his absence was more than temporary correct incorrect

Yes, although it would not have been obvious on a reasonably careful inspection of the land. correct incorrect

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. Artem has agreed to purchase a house from Kizzie. However, Kizzie has a wife who also lives with her, and they have a beneficial interest in the property. Kizzie's wife has a very different and colourful wardrobe selection, whereas a Kizzie only wears black and grey. Moreover, there are pictures of Kizzie and her wife all over the house, posing together. Artem visits the property, but spends most of the time Facetiming his business partner, and is only checking that the property is spacious enough. Will Artem have conducted a 'reasonably careful inspection of the land'?

No, because Artem must look inside all the cupboards correct incorrect

Yes, because he looked around the house correct incorrect

Yes, because it would have been rude to look at the pictures on the wall correct incorrect

No, because Kizzie's wife occupation would have been obvious, and Artem was not inspecting for signs of co-occupation correct incorrect