Chapter 1 Multiple Choice questions

. Which one of the following statements is incorrect?

Land includes more than just physical, tangible property.

Land includes rights that cannot be seen.

Land is fully defined in legislation.

Land is given an expansive meaning.

. Which of the following statements is correct?

Land law is the law of 'realty' or 'real property'.

Land is the law of 'personalty' or 'personal property'.

Land law is the law of 'realty' and 'personalty'.

Land law does not concern either 'realty' or 'personalty'.

. Which one the following statements as to the extent of rights in land is correct?

The maxim Cuius est solum, eius est usque ad coelom ad inferos - the owner of the soil also owns everything up to the sky and down to the centre of the earth - fairly reflects the extent of rights in land.

It has never been the case that an owner of land owns the entire airspace above her property, reaching infinitely up into the heavens.

An owner of land enjoys only limited rights to the lower stratum but unlimited rights to the upper stratum.

An owner of land enjoys unlimited rights over the lower stratum but limited rights over the upper stratum.

. Which one of the following statements as to the chattel/fixture distinction is incorrect?

The test for determining whether an object is a chattel or a fixture involves considering the degree of annexation of the object.

The test for determining whether an object is a chattel or a fixture involves considering the purpose of annexation of the object.

The test for determining whether an object is a chattel or a fixture is whether it was attached to the land in order to temporarily increase enjoyment of the item.

The test for determining whether an object is a chattel or a fixture involves considering both the degree and purpose of annexation of the object.

. Which one of the following statements is correct?

All rights concerning the use and enjoyment of land are proprietary rights.

All rights concerning the use and enjoyment of land are personal rights.

Personal rights are those which are enforceable against the original party granting the rights and, in some circumstances, also capable of binding purchasers of land.

Proprietary rights are those which are enforceable against the original party granting the rights and, in some circumstances, also capable of binding purchasers of land.

. Today, there are only two types of estate in land that can exist at law. Which one of the following statements accurately describes these two legal estates?

The life estate and the leasehold estate

The fee tail and the life estate

The freehold estate and the leasehold estate

The leasehold estate and the term of years absolute

The freehold estate and the fee simple absolute in possession

. A key distinction running throughout land law is between law and equity. Which of the following statements is incorrect as to the development of equitable rights and remedies through the Court of Chancery?

The Court of Chancery developed in order to mitigate the harshness and rigidity of the common law courts.

Equity recognizes a broader, more flexible range of remedies than the common law.

Equitable remedies are not awarded as of right but are entirely at the court's discretion.

Equitable remedies are not concerned with the conscience of the parties.

. Which statutory provision is the starting point for determining whether an interest is legal or equitable in nature?

Section 1(2) of the LRA 2002

Section 1(2) of the LPA 1925

Section 1(2) of the LP(MP)A 1989

Section 1(2) of TOLATA 1996

. Which of the following statements as to grant of legal and equitable rights in land is incorrect?

Where there has been an attempt to grant a legal right but there is a failure to comply with the required formalities, equity may treat any agreement to grant that legal right as giving rise to an equitable right.

Where there has been an attempt to grant a legal right but there is a failure to comply with the required formalities, equity looks to the conscience of the parties and will award a fair remedy in all the circumstances.

Where there has been an attempt to grant a legal right but there is a failure to comply with the required formalities, an enforceable agreement short of a formal deed will suffice to validly grant an equitable right.

. Many rights in land can operate either at law or in equity. Some interests, however, can only ever be equitable in nature and cannot exist as legal rights. Which one of the following interests is an example of an equitable interest only?

A beneficial interest under a trust of land

An easement

A mortgage

A leasehold

Chapter 1 Multiple Choice questions

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