Chapter 6 Self-test questions

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Match the description to the appropriate definition of holding property.

A single legal owner

Holds an undivided share Holds the legal estate Holds the whole and holds nothing Holds absolutely

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A joint tenant

Holds the whole and holds nothing Holds absolutely Holds the legal estate Holds an undivided share

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A tenant in common

Holds the legal estate Holds absolutely Holds the whole and holds nothing Holds an undivided share

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A trustee

Holds the legal estate Holds the whole and holds nothing Holds an undivided share Holds absolutely

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An interest as a joint tenant cannot be transferred to another by will.

True correct incorrect

False correct incorrect

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Which of the following situations will constitute severance of an equitable joint tenancy in land?

At a meeting of all four joint tenants, a declaration by one that she wishes to sever her interest immediately. The declaration is subsequently put in writing. correct incorrect

Two joint tenants agree orally that A will buy B's share for a fixed price; but no further action is taken and no money changes hands. correct incorrect

Two joint tenants negotiate that A will lease the property to C. Initially they agree but then B changes her mind and says she would actually prefer to maintain the arrangements as they are. correct incorrect

A & B are joint tenants. A kills B in an act of self-defence when B threatens A's own life. correct incorrect

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Severance may take effect in the form of involuntary disposition, such as bankruptcy. If severance is an effect of bankruptcy, then it takes effect on the date of the ______ of bankruptcy.

Your response

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It has been suggested that there are three conflicting interests represented in section 12 of TOLATA 1996. Match the interest to its source.

Beneficiary autonomy

The right to occupy by reason of his interest The suitability of the land for occupation by the beneficiaries The purpose of the trust

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Trustee authoritarianism

The suitability of the land for occupation by the beneficiaries The purpose of the trust The right to occupy by reason of his interest

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Settlor interposition

The purpose of the trust The suitability of the land for occupation by the beneficiaries The right to occupy by reason of his interest

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Applications to the court for an order for sale, brought by a third party who has an interest in the land, are brought under TOLATA 1996, s.14 and in determining the application the court must take into account the non-exhaustive list of factors in s.15(1).

True correct incorrect

False correct incorrect

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On an application by a trustee in bankruptcy, in which of the following circumstances is the court likely to refuse to order sale, or postpone sale?

The bankrupt's children are in full-time education and the eldest is about to take her GCSE exams. correct incorrect

The bankrupt's spouse is terminally ill. correct incorrect

The application is made six months after the declaration of bankruptcy. correct incorrect

The application is made four years after the declaration of bankruptcy. correct incorrect