* not completed

. Which one of the following statements is FALSE?

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

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. correct incorrect

All rights exercised in relation to land have proprietary status. correct incorrect

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

* not completed

. 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. correct incorrect

All the items Hajid installed can be taken correct incorrect

None of the items Hajid installed can be taken correct incorrect

Just the tapestries. correct incorrect

* not completed

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

Restrictive covenant correct incorrect

Estate contract correct incorrect

Beneficial interest under a trust correct incorrect

Easement correct incorrect

* not completed

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

Section 1(2) LP(MP)A 1989 correct incorrect

Section 1(3) LPA 1925 correct incorrect

Section 1(2) LPA 1925 correct incorrect

Section 205 LPA 1925 correct incorrect

* not completed

. Which one of the following is NOT an event to trigger registration of title for the first time?

A gift of an unregistered freehold estate to another. correct incorrect

The grant of a leasehold estate of more than seven years in duration. correct incorrect

The assignment of an unregistered leasehold estate with less than seven years in duration. correct incorrect

The creation of a first legal mortgage. correct incorrect

* not completed

. 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 correct incorrect

Section 40 LRA 2002 correct incorrect

Section 27 LPA 1925 correct incorrect

Section 27 LRA 2002 correct incorrect

* not completed

. What type of land charge should be registered to protect an estate contract?

Class C(iv) correct incorrect

Class F correct incorrect

Class D(iii) correct incorrect

Class C(i) correct incorrect

* not completed

. Which one of the following statements is TRUE?

A land charge should be registered against the name of the person who is seeking to protect the interest. correct incorrect

A land charge should be registered against the name of the estate over which it is to be exercised. correct incorrect

A land charge should be registered against the name of the estate owner over whose estate the interest is to be exercised. correct incorrect

A land charge should be registered against the name of the estate which will benefit from the exercise of the interest. correct incorrect

* not completed

. In which one of the following cases was rectification awarded to correct the mistaken omission from a land contract of a term which had been expressly agreed upon between the parties?

Record v Bell (1991) correct incorrect

Firstpost Homes Ltd v Johnson (1995) correct incorrect

Spiro v Glencrown Properties Ltd (1991) correct incorrect

Wright v Robert Leonard Developments Ltd (1994)
correct incorrect

* not completed

. What is commonhold?

A type of leasehold estate correct incorrect

A type of freehold estate correct incorrect

A type of trust correct incorrect

A type of licence correct incorrect

* not completed

. Which one of the following statements is FALSE?

No certainty of term can exist where a lease has been created for the duration of someone's lifetime. correct incorrect

No certainty of term can exist where the term of the lease is liable to a premature end. correct incorrect

Certainty of term requires a certain start date and a certain maximum duration. correct incorrect

Certainty of term will not be defeated by virtue of the fact that possession under the lease is discontinuous. correct incorrect

* not completed

. Simon and Jessica were looking for a new place to live and found a small bedsit. The freeholder of the bedsit, Mallory, asked them to sign two agreements labelled 'licence' which said that each was to pay £100 per week for rent for the two year licence period. Also that Mallory was allowed to stay on the sofa when he visited the area. What is important in deciding of they have a lease or a licence?

As there are two potential tenants they must be joint tenants (s1 (6) Law of Property Act 1925) so they need unity of title, therefore if both documents are identical this should be OK, they seem to have possession unless Mallory has the right to stay on the sofa, the have unity of time on the facts and it may be an issue that they are paying different rents. correct incorrect

It is called a licence so that is all that it can be correct incorrect

They are paying rent and so they have rent, there is time and they have possession correct incorrect

As there are two potential tenants they must be joint tenants (s1 (6) Law of Property Act 1925) so with unity of title they have signed separate forms so this is missing. Also they don't seem to have possession as Mallory has the right to stay on the sofa, the have unity of time on the facts and they are both paying rent. correct incorrect

* not completed

. Which one of the following statements is FALSE?

An express covenant to repair should not require the tenant to renew virtually the whole of the property in one go. correct incorrect

An express covenant to repair should not impose upon a tenant repair costs that amount to the overall value of the property in a state of good repair. correct incorrect

An express covenant to repair does not impose upon a tenant an obligation to make improvements to the property. correct incorrect

An express covenant to repair imposes upon a tenant an obligation to correct design faults with the property as originally constructed even in cases where such faults are causing no further damage to the property. correct incorrect

* not completed

. Which one of the following is NOT a remedy available to the landlord in respect of breach of a covenant to repair?

Forfeiture correct incorrect

Specific performance correct incorrect

Waiver correct incorrect

Damages correct incorrect

* not completed

. Which one of the following statements is TRUE?

The assessment as to whether possession is adverse to the paper owner is based upon a subjective test. correct incorrect

Possession of the land must be hostile if it is to be seen as being adverse to the paper owner. correct incorrect

Possession can be found to be adverse even though it is not inconsistent with the paper owner's intended future use of the land. correct incorrect

Where the adverse possessor would be willing to pay rent to the paper owner in respect of his possession, such possession could not be adverse. correct incorrect

* not completed

. Which one of the following statements is TRUE?

The adverse possessor must be shown to have an intention to dispossess. correct incorrect

The adverse possessor must be shown to have an intention to own the land he claims to adversely possess. correct incorrect

The adverse possessor must be shown to have an intention to possess the land forever. correct incorrect

The adverse possessor must be shown to have an intention to possess the land for as long as he can for his own benefit. correct incorrect

* not completed

. Which one of the following statements is TRUE in respect of a trust of land?

The starting position that trustees have 'all powers of an absolute owner' can be curtailed by express provision in the disposition creating the trust of land. correct incorrect

When exercising their powers, trustees have a duty to act responsibly, assessed in accordance with objective standards. correct incorrect

In exercising their powers, trustees should consult the beneficiaries and must give effect to their wishes and, where dispute exists, the wishes of the majority in value. correct incorrect

In exercising their powers, trustees must obtain the consent of the beneficiaries and, where a dispute exists, the consent of the majority in value. correct incorrect

* not completed

. Which one of the following statements is FALSE in respect of a trust of land?

A beneficiary who is also a legal owner of the trust property, has a right to occupy the trust property. correct incorrect

Trustees have powers to exclude or restrict the right of one or more of the beneficiaries to occupy the trust land, but in exercising such powers, they must not exclude all beneficiaries from occupation. correct incorrect

When exercising powers to restrict or exclude one or more of the beneficiaries from occupying trust land, and trustees cannot reach a unanimous decision, the decision of the majority will be applied. correct incorrect

A beneficiary already in occupation of the trust land should not be removed by a trustee without either his consent or court approval. correct incorrect

* not completed

. Which of the following statements is FALSE?

Severance takes effect at both law and in equity. correct incorrect

Severance must take place inter vivos. correct incorrect

Severance generally has a unilateral effect on the severing tenant only. correct incorrect

A successful severance means that the right of survivorship no longer applies to the tenant who has severed. correct incorrect

* not completed

. In the case of Re Evers Trust (1980) which key consideration under s15 TLATA 1996 influenced the court in reaching its decision not to order a sale of the property?

Intention correct incorrect

Purpose correct incorrect

Educational needs of any minors correct incorrect

Interest of secured creditors correct incorrect

* not completed

. Which one of the following statements is FALSE?

A licence creates a personal interest between the licensor and the licensee correct incorrect

A person who has a licence to occupy land will never be able to enforce that licence against a third party correct incorrect

A licence can be distinguished from an easement since it does not require satisfaction of the four requirements under RE Ellenborough Park (1954) correct incorrect

A licence allows a person to enter on to the land of another without committing a trespass correct incorrect

* not completed

. Which one of the following statements is FALSE?

A bare licence can be revoked at any time by the licensor correct incorrect

Upon revocation of a bare licence, the licensee must leave the licensor's land immediately correct incorrect

A bare licensee will become a trespasser as soon as he exceeds the scope of the bare licence that has been given to him correct incorrect

A bare licensee can never enforce his licence against a third party correct incorrect

* not completed

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

The right must have been granted by deed correct incorrect

The right must have been granted by the dominant tenement owner correct incorrect

The right must be capable of being granted by deed correct incorrect

The right must have been acquired in a specifically enforceable contract correct incorrect

* not completed

. 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. correct incorrect

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

The can be no new negative easements created. correct incorrect

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

* not completed

. Which one of the following statements is TRUE?

For a covenant to be seen to accommodate the dominant land, the dominant and servient lands must be adjacent to one another correct incorrect

A covenant which affects the value of the dominant land or its mode of occupation or use, may be seen to touch and concern that land correct incorrect

A covenant not to allow a boundary wall to fall into a state of disrepair is a negative covenant correct incorrect

It will always be implied that the original covenanting parties intended for the burden of a covenant to pass correct incorrect

* not completed

. 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. correct incorrect

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. correct incorrect

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

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. correct incorrect

* not completed

. Which one of the following statements is FALSE?

A legal mortgage over registered land will be registered and entered on the charges register of that land at the Land Registry. correct incorrect

A first legal mortgage over unregistered land, where the mortgagee has the title deeds, will bind the whole world. correct incorrect

A second or subsequent legal mortgage created over unregistered land where the mortgagee does not have the title deeds ( a puisne mortgage), should be registered as a Class C(iv) land charge to take priority over subsequent mortgages. correct incorrect

An equitable mortgage over unregistered land must be registered as a Class C(iii) land charge to take priority over subsequent mortgagees. correct incorrect

* not completed

. Which one of the following statements is FALSE?

A mortgagor acquires an equitable right to redeem upon the expiry of the legal date for redemption. correct incorrect

A right to redeem a mortgage cannot be removed from the mortgagor completely. correct incorrect

A right to redeem a mortgage may be postponed provided it does not render the right to redeem worthless and has not been obtained by oppression. correct incorrect

The equity of redemption is the ability to redeem the mortgage even after the legal date for redemption has passed. correct incorrect