LAND LAW MCQ EXAM QUESTIONS
WITH COMPLETE ANSWERS
Two parties enter into a document which grants a right to possess for 5000 years
with a rent of £100 per annum payable each year. Which of the following statements
best explains the nature of the document? - Answer-The document is a lease
because there is a fixed term
exclusive possession meaning? - Answer-the right to exclude all others
when will an occupier have exclusive possession? - Answer-question of fact
substance of the agreement
reality of a situation
retention of key? - Answer-restricted or unrestricted rights of access to determine
exclusive posession
landlord provides services - Answer-if the landlord provides services/ attendance
there is a licence not a tenancy
sharing clauses - Answer-landlord reserves the right to share the property with the
occupiers or reserves the right to introduce others to share - no exclusive possession
if a genuine clause or a sham-
how can it be determined whether a clause is genuine or a sham? - Answer-- size
and nature of the accommodation
- relationship between the occupiers
- wording of the clause too wide = sham
- whether clause has ever been exercised
how do business tenancies establish that they are leases or not licences? - Answer-
certain term and exclusive possession
high control = not lease
A party occupies a flat under a document which is described as a lease. Which of the
following statements correctly explains the circumstances that must exist for the
occupier to have exclusive possession? - Answer-Exclusive possession means the
occupier is able to exclude everyone from the flat including the landlord
Why might the courts be more willing to accept the label given to an agreement by
the parties where the parties are in a commercial arrangement? - Answer-The
bargaining power between commercial entities tends to more equal
what are the three rules of legal leases? - Answer-general rule - deed must be used
(LPA 1925, s52), valid deed requirement LP(MP)A1989 s1
,leases over 7 years = must be registered LRA 2002 s27(b)(i) - if not done legal
leasehold estate will not have been created
leases for less than 7 years = the lease does not need to be registered, binding on
new freehold estate as an overriding interest LRA 2002, sch 3, para 1
what is the short lease exception? - Answer-- no formal requirements
- 3 years or less do not need deed
must:
- take effect in possession (tenant takes the lease immediately)
- lease is granted at 'best rent'/ 'market rent'
- lease is not subject to a fine or premium
what are the exceptions to short leases? - Answer-short fixed term leases = those
with a maximum term of 3 years or less
express periodic tenancies = where there is a tenancy agreement
implied periodic tenancies = where an occupier is in possession and paying rent at
regular intervals
what are equitable leases? - Answer-choose to enter into a contract for a lease
create a legal lease but fail because no valid deed
in writing, contains all the terms and signed by both parties
Which of the following formalities should be used to create a two-year legal lease in
which the tenant is paying the market rent for the premises? - Answer-No formalities
are required, and the lease does not need to be registered at the Land Registry
what formalities should be used to create a four-year legal lease? - Answer-A deed
must be used but it need not be registered at the Land Registry
A landlord and a tenant enter into a seven year lease of Apartment 10 by deed. The
tenant takes no further action in respect of the lease. The landlord sells the freehold
estate of the apartment block (of which Apartment 10 forms part) to a new owner.
Will the tenant's seven year lease bind the new freehold owner of the apartment
block? - Answer-Yes, as the seven-year lease does not need to be registered and is
an overriding interest (LRA 2002 , schedule 3 para 1)
A landlord and a tenant enter into a ten year lease of Apartment 22 by deed. The
tenant takes no further action in respect of the lease. The landlord sells the freehold
estate of the apartment block (of which Apartment 22 forms part) to a new owner.
Will the tenant's ten year lease bind the new freehold owner of the apartment block?
- Answer-No, the lease is not for a certain term and will therefore be a licence which
is a personal right in the land and will not bind the new freehold owner
what is an interest in land? - Answer-proprietary rights of more limited use, gives the
interest holder the right to do something on the land or restrict what can be done on
the land also known as incumburances
what limits the number of interests that can be interest in land? - Answer-LPA 1925
s1 - easement, legal mortgage, rights of entry
, examples of legal interests vs equitable interests? - Answer-legal interests:
- mortgages
- easements granted for a term equivalent to a freehold or leasehold estate
- right of entry
equitable interests
- freehold covenant
- estate contracts
- interests in a trust of land
- easements granted for an uncertain term
what is a mortgage? - Answer-a loan or cash which is secured by rights granted over
property
what is an easement? - Answer-a proprietary right to use land which belongs to
somebody else
what is right of entry? - Answer-right for a landlord to re- enter leased premises and
end the leasehold estate
owner's right to hold the land if money owed in not paid
also known as forfeiture clause
what is a restrictive covenant? - Answer-A promise to refrain from doing something
related to land
estate contract meaning - Answer-a contractual right to a legal estate whether
freehold or leasehold
meaning of interest in a trust of land? - Answer-where a trustee holds property for
the beneficiary. Beneficiary has an equitable interest in land
what is the difference between an express trust and an implied trust interest in a trust
of land? - Answer-Express trust - one person trustee one person beneficiary
implied - one person legal title although bought together 50:50 so equitable title
interest split between both
what does corporeal hereditaments mean? - Answer-physical things attached to the
land i.e. fixtures
what is land? - Answer-airspace = up to 300 m approx restricted height as is
necessary for the ordinary use and enjoyment of the land (the lower airspace) (the
upper airspace)
ground below = owns all land below surface, not minerals and gold found
what is the legal test for determining if an object is a fixture or chattel? - Answer-1.
degree of annexation = firmly fixed onto ground is a fixture if moveable then chattel
WITH COMPLETE ANSWERS
Two parties enter into a document which grants a right to possess for 5000 years
with a rent of £100 per annum payable each year. Which of the following statements
best explains the nature of the document? - Answer-The document is a lease
because there is a fixed term
exclusive possession meaning? - Answer-the right to exclude all others
when will an occupier have exclusive possession? - Answer-question of fact
substance of the agreement
reality of a situation
retention of key? - Answer-restricted or unrestricted rights of access to determine
exclusive posession
landlord provides services - Answer-if the landlord provides services/ attendance
there is a licence not a tenancy
sharing clauses - Answer-landlord reserves the right to share the property with the
occupiers or reserves the right to introduce others to share - no exclusive possession
if a genuine clause or a sham-
how can it be determined whether a clause is genuine or a sham? - Answer-- size
and nature of the accommodation
- relationship between the occupiers
- wording of the clause too wide = sham
- whether clause has ever been exercised
how do business tenancies establish that they are leases or not licences? - Answer-
certain term and exclusive possession
high control = not lease
A party occupies a flat under a document which is described as a lease. Which of the
following statements correctly explains the circumstances that must exist for the
occupier to have exclusive possession? - Answer-Exclusive possession means the
occupier is able to exclude everyone from the flat including the landlord
Why might the courts be more willing to accept the label given to an agreement by
the parties where the parties are in a commercial arrangement? - Answer-The
bargaining power between commercial entities tends to more equal
what are the three rules of legal leases? - Answer-general rule - deed must be used
(LPA 1925, s52), valid deed requirement LP(MP)A1989 s1
,leases over 7 years = must be registered LRA 2002 s27(b)(i) - if not done legal
leasehold estate will not have been created
leases for less than 7 years = the lease does not need to be registered, binding on
new freehold estate as an overriding interest LRA 2002, sch 3, para 1
what is the short lease exception? - Answer-- no formal requirements
- 3 years or less do not need deed
must:
- take effect in possession (tenant takes the lease immediately)
- lease is granted at 'best rent'/ 'market rent'
- lease is not subject to a fine or premium
what are the exceptions to short leases? - Answer-short fixed term leases = those
with a maximum term of 3 years or less
express periodic tenancies = where there is a tenancy agreement
implied periodic tenancies = where an occupier is in possession and paying rent at
regular intervals
what are equitable leases? - Answer-choose to enter into a contract for a lease
create a legal lease but fail because no valid deed
in writing, contains all the terms and signed by both parties
Which of the following formalities should be used to create a two-year legal lease in
which the tenant is paying the market rent for the premises? - Answer-No formalities
are required, and the lease does not need to be registered at the Land Registry
what formalities should be used to create a four-year legal lease? - Answer-A deed
must be used but it need not be registered at the Land Registry
A landlord and a tenant enter into a seven year lease of Apartment 10 by deed. The
tenant takes no further action in respect of the lease. The landlord sells the freehold
estate of the apartment block (of which Apartment 10 forms part) to a new owner.
Will the tenant's seven year lease bind the new freehold owner of the apartment
block? - Answer-Yes, as the seven-year lease does not need to be registered and is
an overriding interest (LRA 2002 , schedule 3 para 1)
A landlord and a tenant enter into a ten year lease of Apartment 22 by deed. The
tenant takes no further action in respect of the lease. The landlord sells the freehold
estate of the apartment block (of which Apartment 22 forms part) to a new owner.
Will the tenant's ten year lease bind the new freehold owner of the apartment block?
- Answer-No, the lease is not for a certain term and will therefore be a licence which
is a personal right in the land and will not bind the new freehold owner
what is an interest in land? - Answer-proprietary rights of more limited use, gives the
interest holder the right to do something on the land or restrict what can be done on
the land also known as incumburances
what limits the number of interests that can be interest in land? - Answer-LPA 1925
s1 - easement, legal mortgage, rights of entry
, examples of legal interests vs equitable interests? - Answer-legal interests:
- mortgages
- easements granted for a term equivalent to a freehold or leasehold estate
- right of entry
equitable interests
- freehold covenant
- estate contracts
- interests in a trust of land
- easements granted for an uncertain term
what is a mortgage? - Answer-a loan or cash which is secured by rights granted over
property
what is an easement? - Answer-a proprietary right to use land which belongs to
somebody else
what is right of entry? - Answer-right for a landlord to re- enter leased premises and
end the leasehold estate
owner's right to hold the land if money owed in not paid
also known as forfeiture clause
what is a restrictive covenant? - Answer-A promise to refrain from doing something
related to land
estate contract meaning - Answer-a contractual right to a legal estate whether
freehold or leasehold
meaning of interest in a trust of land? - Answer-where a trustee holds property for
the beneficiary. Beneficiary has an equitable interest in land
what is the difference between an express trust and an implied trust interest in a trust
of land? - Answer-Express trust - one person trustee one person beneficiary
implied - one person legal title although bought together 50:50 so equitable title
interest split between both
what does corporeal hereditaments mean? - Answer-physical things attached to the
land i.e. fixtures
what is land? - Answer-airspace = up to 300 m approx restricted height as is
necessary for the ordinary use and enjoyment of the land (the lower airspace) (the
upper airspace)
ground below = owns all land below surface, not minerals and gold found
what is the legal test for determining if an object is a fixture or chattel? - Answer-1.
degree of annexation = firmly fixed onto ground is a fixture if moveable then chattel
