Chapter 4 Self-test questions

The Law of Property (Miscellaneous Provisions) Act 1989, s.2 means that a contract for the sale of land must be made by a deed.

True

False

Save in exceptional cases, the creation or transfer of a legal right requires the execution of a ____.

LP(MP)A 1989 s.2(1) makes clear that a contract for the sale or other disposition of an interest in land can only be made in writing, incorporating all the terms of the agreement. So is it correct to say that if something is left out of that contract, the contract for the sale of land is void?

True

False

A makes an agreement with B to transfer to B, in return for payment, a lease which has 10 years to run. Once the agreement has been put in writing and the written agreement has been signed by both parties (or identical agreements have been signed by each party and exchanged), then:

legal title to the lease passes from A to B.

legal title to the lease does not pass to B until A executes a deed of transfer and the transfer is registered.

once A has signed and delivered a deed conveying the legal estate to B, A can no longer otherwise dispose of or act upon the legal estate.

B takes registered title to the legal estate.

A legal estate is owned by A. Whilst A is absent abroad, the legal estate is fraudulently registered in X's name. X then borrows money from C and grants C a registered legal charge. In such a case, the principle of indefeasibility of registered title means that there is no possibility of A's recovering the land free from C's charge.

True

False

Which of the following statements best explains the current impact of the decision in Malory (2002)?

The case gave rise to 2 problems: the first was resolved by the decision in Swift 1^st Ltd (2015), but the second remains, although the Law Commission has proposed a solution to it.

The case gave rise to 2 problems, both resolved by the decision in Swift 1^st Ltd (2015).

The case gave rise to 2 problems: the first was resolved by the decision in Swift 1^st Ltd (2015), but the second remains.

The case gave rise to 2 problems, and the Law Commission has proposed solutions to each of them.

Which of the following four statements best explains what a squatter must be able to show in order to demonstrate 'possession'?

any degree of physical custody and control and an intention to exercise such custody and control.

a sufficient degree of custody and control and an intention to exercise such custody and control.

a sufficient degree of custody and control or an intention to exercise such custody and control.

any degree of physical custody and control or an intention to exercise such custody and control.

In Powell v McFarlane (1979), Slade J suggested that 'unequivocal' acts by the claimant establish intent to possess land. Which of the following constitute such acts?
Please select all that apply.

Enclosure.

Cultivation of agricultural land.

Placing and enforcing 'Keep Out', notices.

Locking or blocking the only means of access.

In relation to registered land, under the Land Registration Act 2002, a squatter defeats the title held by the registered proprietor:

After the squatter has been in possession for a period of twelve years, as the registered proprietor's title is the extinguished.

After a period of twelve years, whereby the paper owner holds the registered title on trust for the squatter.

Only through making a successful application for registration.

After the squatter has been in possession for a period of ten years.

An adverse possessor cannot obtain title to land if his or her adverse possession constitutes a criminal offence.

True

False

Quiz Content