Diagnostic test

Chapter 1. Which key authority laid down the tests for determining whether an object annexed to the land is a fixture or a chattel?

Waverley Borough Council v Fletcher (1996)

Holland v Hodgson (1872)

Bernstein of Leigh (Baron) v Skyviews & General Ltd 1978

Moffat v Kazana (1960)

Chapter 1. Which one of the following was NOT a form of free tenure?

Customary

Chivalry

Socage

Spiritual

Chapter 2. Which one of the following interests can be legal or equitable in status depending upon how it has been created?

Restrictive covenant

Estate contract

Beneficial interest under a trust

Easement

Chapter 2. Which statutory authority lists those interests that have legal capacity?

Section 1(2) LP(MP)A 1989

Section 1(3) LPA 1925

Section 1(2) LPA 1925

Section 205 LPA 1925

Chapter 3. A disposal of a registered freehold / leasehold estate must itself be registered to convey legal title in accordance with which statutory provision?

Section 4 LRA 2002

Section 40 LRA 2002

Section 27 LPA 1925

Section 27 LRA 2002

Chapter 3. What type of interest is an overriding interest under Sch 3 para 1?

Legal leases of seven years or less in duration

Legal leases of more than seven years in duration

Impliedly created legal easements

Expressly created legal easements

Chapter 4. The enforcement against a purchaser of unregistered land of an equitable easement created after 1925 is governed by which one of the following?

Registration as a Class C(iv) land charge

Registration as a Class D(ii) land charge

Registration as a Class D(iii) land charge

The doctrine of notice

Chapter 4. According to which statutory section will interests that have been appropriately registered as a land charge bind anyone coming to the land over which they exist?

Section 198 LPA 1925

Section 2 LCA 1972

Section 23 LPA 1969

Section 27 LPA 1927

Chapter 5. What does s52(1) LPA 1925 stipulate?

It states that the creation or transfer of a legal estate must be by deed.

It states the necessary formalities for a valid deed.

It states the formalities for a valid land contract created before 27 September 1989.

It states those estates in land that have legal capacity.

Chapter 5. The requirements for a valid deed are stated in which statutory provision?

Section 1(2) LP(MP)A 1989

Section 1(2) LPA 1925

Section 52(1) LPA 1925

Section 2 LP(MP)A 1989

Chapter 6. Which of the following are essential characteristics of a lease?

Certainty of term, exclusive possession, and rent

Certainty of term, exclusive possession, and creation by deed

Certainty of term and exclusive possession

Exclusive possession only

Chapter 6. In which key case was a lease found to exist despite the grantor having no proprietary estate out of which to grant the lease?

AG Securities Ltd v Vaughan (1990)

Bruton v London & Quadrant Housing Trust (2000)

Prudential Assurance v LRB (1992)

United Bank of Kuwait plc v Sahib (1997)

Chapter 7. Leasehold covenants are binding between the original covenantor and covenantee upon what basis?

Privity of estate

Privity of contract

The rule under Halsall v Brizell (1957)

The rule under Wheeldon v Burrows (1879)

Chapter 7. In respect of a lease created before 1 January 1996, which one of the following is NOT a requirement under Spencers' Case (1583) for the burden of a covenant to pass to an assignee?

Notice of the covenant

Privity of estate

A legal assignment of a legal lease

The covenant must touch and concern the land

Chapter 8. Which key authority highlights the requirements necessary to establish adverse possession?

Sch 3 para 2 LRA 2002

Buckinghamshire CC v Moran (1990)

Section 17 LA 1980

Tulk v Moxhay (1848)

Chapter 8. In which key case was consideration given as to whether the law of adverse possession is compatible with Art 1, Protocol 1 of the ECHR?

Re Ellenborough Park (1954)

Pye (JA) (Oxford) Ltd v Graham (2003)

Tulk v Moxhay (1848)

Buckinghamshire CC v Moran (1990)

Chapter 9. Under which statutory provision may a purchaser of unregistered land take free from any beneficial interests under a trust, even where trustees have exceeded their powers to sell?

Section 26 LRA 2002

Section 16 TLATA 1996

Section 53 LPA 1925

Section 11 TLATA 1996

Chapter 9. Under a trust of land, a dispute between co-owners as to whether the trust property should be sold or not is dealt with under which statutory section?

Section 30 LPA 1925

Section 14 TLATA 1996

Section 12 TLATA 1996

Section 14 LPA 1925

Chapter 10. Property is expressly conveyed to D, E, F, G and H as beneficial joint tenants. D contributed 60% towards the purchase price with E, F, G and H contributing the remaining 40% equally between them. What will be the position in law and in equity?

D, E, F and G hold legal title as joint tenants on trust for D as a tenant in common as to three-fifths and E, F, G and H as tenants in common as to one-tenth each.

D, E, F, G and H hold legal title as joint tenants on trust for D, E, F, G and H as joint tenants in equity.

D, E, F and G hold legal title as joint tenants on trust for themselves and H as joint tenants in equity.

D, E, F, G and H hold legal title as tenants in common: D as to three-fifths and E, F, G and H as to one-tenth each. D, E, F, G and H hold equitable title as tenants in common: D as to three-fifths and E, F, G and H as to one-tenth each.

Chapter 10. Which case demonstrates that mutual agreement may be effective severance without being contained in a specifically enforceable contract?

Re Draper's Conveyance (1969)

Burgess v Rawnsley (1975)

AG Securities v Vaughan (1990)

Re Citro (1991)

Chapter 11. In which case did Denning LJ view an opinion that contractual licences are binding upon third parties and thus have gained proprietary status?

Errington v Errington & Woods (1952)

King v David Allen & Sons (1916)

National Provincial Bank Ltd v Ainsworth (1965)

Verrall v Great Yarmouth BC (1981)

Chapter 11. Which one of the following most accurately describes the current view of a contractual licence?

Contractual licences can bind third parties and thus do have proprietary status.

Contractual licences can bind third parties but do not have proprietary status.

Contractual licences never bind third parties and do not have proprietary status.

Contractual licences may bind third parties where protected by an estoppel or a constructive trust, but will not bind alone.

Chapter 12. What is meant be the phrase 'the right must lie in grant'?

The right must have been granted by deed

The right must have been granted by the dominant tenement owner

The right must be capable of being granted by deed

The right must have been acquired in a specifically enforceable contract

Chapter 12. Which one of the following statements is FALSE?

A quasi easement is a right that has the potential to be an easement but fails to be one because the potential grantor lacks legal capacity.

A right to a scenic view is not capable of being an easement.

The can be no new negative easements created.

A right need not have already acquired judicial recognition as an easement to become one.

Chapter 13. Which one of the following statements is TRUE in respect of the requirement of notice under Tulk v Moxhay (1848)?

A giftee of unregistered land will be deemed to have notice of a post-1925 restrictive covenant even where it has not been registered as a Class D(ii) land charge.

A purchaser of registered land may be deemed to have notice of a restrictive covenant, not entered as a notice on the charges register, by virtue of it amounting to an overriding interest under Sch 3 para 2.

A purchaser of registered land may escape having notice of a restrictive covenant where he successfully overreaches that covenant.

A purchaser of unregistered land will be deemed to have notice of a pre-1925 restrictive covenant only where he has actual knowledge of its existence.

Chapter 13. Which one of the following is the authority which first established statutory annexation for the passing of the benefit in equity?

Federated Homes Ltd v Mill Lodge Properties Ltd (1980)

P&A Swift Investments v Combined English Stores Group plc (1989)

LCC v Allen (1914)

Rhone v Stephens (1994)

Chapter 14. Which one of the following statements is TRUE where the mortgage in question is legal?

An appointed receiver is deemed to be the agent of the mortgagee who appoints him.

The power to appoint a receiver arises and becomes exercisable in accordance with ss101 and 103 LPA 1925 respectively.

A mortgagee must appoint a solicitor to act as a receiver.

Application of money received from the mortgaged property must be applied by the receiver in accordance with s105 LPA 1925.

Chapter 14. Which one of the following is a leading authority on the law of undue influence?

Royal Bank of Scotland v Etridge (no2) (2002)

Knightsbridge Estates Trust Ltd v Bryne (1939)

Cheltenham & Gloucester BS v Norgan (1996)

Palk v Mortgage Services Funding plc (1993)

Diagnostic test

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