Chapter 1 Multiple choice questions

. Which one of the following statements is FALSE?

Proprietary rights are rights which govern a person's ability to use and enjoy land.

A person granted a proprietary right can enforce that right against the original grantor and, in some circumstances, any other person who comes to the land over which the right is exercised.

All rights exercised in relation to land have proprietary status.

A person granted a personal right is only able to enforce that right against the person who granted it.

. Which one of the following is TRUE?

Personal rights are rights in personam

Personal rights are rights in rem

Personal rights never relate to rights exercised in relation to land

Personal rights are enforceable against the actual property to which they relate

. Which one of the following statements is FALSE?

A person's rights over a piece of land include rights over the physical surface area of the land.

A person's rights over a piece of land extend to the lower airspace above the physical surface area of that land necessary for any use that he wishes to make of that land.

A person's rights over a piece of land extend to the ground below the surface area.

A person's rights over land extend to wild plants growing on that land.

. Which one of the following statements is TRUE?

The principle of annexation test is one of the tests applied by the court in determining whether an object attached to the land is a fixture or a chattel.

Where annexation to a piece of land is purely so that the object can be enjoyed for what it is, the object will be deemed a fixture.

The greater the degree of annexation the more likely an object is deemed to be a fixture.

In determining whether an object fixed to the land is a chattel, the subjective intention of the person who fixed it will be conclusive.

. 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)

. The case of Parker v British Airways Board (1982) establishes which legal principle?

Where an item is found embedded in the land, the true owner cannot be found and the item is not treasure, it will always belong to the freehold owner upon whose land it was found.

Where an item is found embedded in the land, the true owner cannot be found and the item is not treasure, it will always belong to the finder.

Where an item is found embedded in the land, the true owner cannot be found and it is not treasure, it may belong to the finder. This will be so where the finder is able to provide evidence that the freehold owner did not know about the existence of the item found on his land.

Where an item is found embedded in the land, the true owner cannot be found and it is not treasure, it may belong to the freehold owner upon whose land it was found. This will be so where the freehold owner can provide evidence that he manifested an intention to control the land and items found on it.

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

Customary

Chivalry

Socage

Spiritual

. Which one of the following statements is FALSE?

All land is technically owned by the Crown.

Where a freehold estate owner dies without any heirs, the freehold estate will revert back to the Crown bona vacantia.

The most extensive proprietary right a person can exercise over a piece of land is the leasehold estate.

Estates are more extensive proprietary rights than interests.

. Which statutory provision lists the interests that have legal capacity?

Section 52 LPA 1925

Section 1 LPA 1925

Section 36 LPA 1925

Section 54 LPA 1925

. Which one of the following was NOT considered a relevant factor when determining whether objects were fixtures or chattels in the case of Botham v TSB (1997)?

The method by which the object was originally acquired.

The moveability of the object.

The lifespan of the object.

The damage caused to the land by moving the object.

. Logjam Bank granted a mortgage to Hajid to enable home improvements. Hajid installed a fitted kitchen, hung antique tapestries on the walls and placed a large fridge freezer with an incorporated cold water dispenser into the utility room. Hajid has now defaulted on the mortgage and the property is being repossessed. What items can Hajid take when moving out?

Applying the test from Holland v Hodgson it is likely that the white goods (fridge/freezer and the tapestries can be taken but not the fitted kitchen.

All the items Hajid installed can be taken

None of the items Hajid installed can be taken

Just the tapestries.

Chapter 1 Multiple choice questions

Quiz Content