LAND LAW MCQ EXAM QUESTIONS
WITH COMPLETE ANSWERS
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
2. the purpose of annexation test = why object is attached this test take priority over
annexation test
legal position of fixures? - Answer-An item not attached to the land can be a fixture if
it part of the architectural design of a building
what are the formalities of a legal mortgage? - Answer-LRA 1925 s 1(2)(c)
deed (must comply with LP(MP)A 1989 s 1 intended to be a deed, validly executed,
delivered) + registration
how do equitable mortgages arise? - Answer-1. mortgage of an equitable interest =
only needs to be in writing and signed by the grantor/ mortgagor- holds trust for
beneficiary
2. defective legal mortgage= if it complies with LP(MP)A 1989 s 2, equity will
recognise it as a contract to grant a legal mortgage - in writing and contains all
agreed terms and signed by both. the mortgagor and mortgagee
how does discharge of mortgages work? - Answer-DS1 Form over the whole land in
a title
DS3 form for part of the land in the title
,what is the legal date of redemption? - Answer-date on which the borrower had to
repay the loan in full
what does equitable right to redeem mean? - Answer-allows borrower to repay the
loan at any time after the legal date of redemption
what is equity of redemption? - Answer-the joint equitable right to redeem
1. equitable right to redeem supplements legal right to redeem - the following day
2. no postponment of redemption
3. no collateral advantages
4. no unconscionable terms
when can redemptions be postponed? - Answer-when the borrower gains some
benefit from any lock in and gets back exactly what was mortgaged
In Knightsbridge V Byrne, the court examined a clause which postponed the legal
date for redemption. What was the outcome of the clause? - Answer-The clause was
upheld because once the loan was repaid, the borrower would get back what he had
mortgaged and during the mortgage he had had the benefit of a low interest rate.
When might an option for the lender to purchase the mortgaged property be upheld?
- Answer-When it is granted in a substantially separate transaction.
The solus tie will be permitted in a commercial transaction if the tie ends before or at
the end of the mortgage term. true or false? - Answer-true
A mortgage loan contains a a legal date of redemption which falls 2 months before
the end of a 25 year mortgage term. Which one of the following rights which make up
the equity of redemption is likely to be relied upon here by the mortgagor to have the
clause thrown out by the courts? - Answer-The equitable right to redeem
what is the difference between legal easements and equitable easements? -
Answer-legal easements:
LPA 1925 s1(2)(a) an easement for an estate equivalent to an estate in fee simple
absolute in possession or a term of years absolute
equitable easement:
not granted for a freehold or leasehold estate
positive vs negative easement? - Answer-positive easements=
they allow the holder to use the servient land of another in a particular way
negative easements=
only ones recognised by law are right to light, right to air, right to support
what is a quasi easement? - Answer-when the landowner uses paths on their own
land are not enjoying easements, unless the land was divided the path becomes a
quasi easement
what is a public right? - Answer-exercised by the general public
, what are licences? - Answer-authorises somebody wit use land in the same way as
an easement however it is not a proprietary right so not enforceable against third
parties
what is a profit a prendre? - Answer-right of taking easement
what are restrictive covenants? - Answer-rights over the servient land, owner cannot
do anything
reservation vs grant? - Answer-grant = power over a land
reservation = witholding of power over land
express creation vs implied creation? - Answer-express = created when sold or
leased land, in writing in transfer deed, can also be made as part of a separate deal
implied = implied if certain circumstances exist
what is prescription? - Answer-when easement comes to exist because it has been
exercised for at least 20 years they become legal easements between freehold
owners only
prescription act 1832 - uninterrupted enjoyment
- continuous used 'reasonably regular'
- as a right - without force
- without secrecy
- without permission
what are the three types of prescription? - Answer-prescription at common law
prescription under the doctrine of lost modern grant
the prescription act 1832
what are the 4 stages of capability? - Answer-1. LPA 1925 s1(2)(a)
2. right must be capable in principle of being an easement
3. not be prevented from being an easement
4. right acquired as an easement
what is the test set out by Ellenborough Park? - Answer-1. there must be a dominant
(benefits from the exercise) and servient tenement
2. the right must accomodate the dominant tenement - business, proximity
3. there must be no common ownership of the two tenement
4. the right must 'lie in grant' - right of way, drainage and other pipelines, support,
use sporting and leisure facilities, for recreational purposes
what are the three disqualifyig factors? - Answer-if any of these three exist then it
cannot be an easement but rather a personal licence
1. if the use amounts to exclusive possession
2. if the use requires additional payment by the servient landowner
3. if the use if exercised with permission
WITH COMPLETE ANSWERS
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
2. the purpose of annexation test = why object is attached this test take priority over
annexation test
legal position of fixures? - Answer-An item not attached to the land can be a fixture if
it part of the architectural design of a building
what are the formalities of a legal mortgage? - Answer-LRA 1925 s 1(2)(c)
deed (must comply with LP(MP)A 1989 s 1 intended to be a deed, validly executed,
delivered) + registration
how do equitable mortgages arise? - Answer-1. mortgage of an equitable interest =
only needs to be in writing and signed by the grantor/ mortgagor- holds trust for
beneficiary
2. defective legal mortgage= if it complies with LP(MP)A 1989 s 2, equity will
recognise it as a contract to grant a legal mortgage - in writing and contains all
agreed terms and signed by both. the mortgagor and mortgagee
how does discharge of mortgages work? - Answer-DS1 Form over the whole land in
a title
DS3 form for part of the land in the title
,what is the legal date of redemption? - Answer-date on which the borrower had to
repay the loan in full
what does equitable right to redeem mean? - Answer-allows borrower to repay the
loan at any time after the legal date of redemption
what is equity of redemption? - Answer-the joint equitable right to redeem
1. equitable right to redeem supplements legal right to redeem - the following day
2. no postponment of redemption
3. no collateral advantages
4. no unconscionable terms
when can redemptions be postponed? - Answer-when the borrower gains some
benefit from any lock in and gets back exactly what was mortgaged
In Knightsbridge V Byrne, the court examined a clause which postponed the legal
date for redemption. What was the outcome of the clause? - Answer-The clause was
upheld because once the loan was repaid, the borrower would get back what he had
mortgaged and during the mortgage he had had the benefit of a low interest rate.
When might an option for the lender to purchase the mortgaged property be upheld?
- Answer-When it is granted in a substantially separate transaction.
The solus tie will be permitted in a commercial transaction if the tie ends before or at
the end of the mortgage term. true or false? - Answer-true
A mortgage loan contains a a legal date of redemption which falls 2 months before
the end of a 25 year mortgage term. Which one of the following rights which make up
the equity of redemption is likely to be relied upon here by the mortgagor to have the
clause thrown out by the courts? - Answer-The equitable right to redeem
what is the difference between legal easements and equitable easements? -
Answer-legal easements:
LPA 1925 s1(2)(a) an easement for an estate equivalent to an estate in fee simple
absolute in possession or a term of years absolute
equitable easement:
not granted for a freehold or leasehold estate
positive vs negative easement? - Answer-positive easements=
they allow the holder to use the servient land of another in a particular way
negative easements=
only ones recognised by law are right to light, right to air, right to support
what is a quasi easement? - Answer-when the landowner uses paths on their own
land are not enjoying easements, unless the land was divided the path becomes a
quasi easement
what is a public right? - Answer-exercised by the general public
, what are licences? - Answer-authorises somebody wit use land in the same way as
an easement however it is not a proprietary right so not enforceable against third
parties
what is a profit a prendre? - Answer-right of taking easement
what are restrictive covenants? - Answer-rights over the servient land, owner cannot
do anything
reservation vs grant? - Answer-grant = power over a land
reservation = witholding of power over land
express creation vs implied creation? - Answer-express = created when sold or
leased land, in writing in transfer deed, can also be made as part of a separate deal
implied = implied if certain circumstances exist
what is prescription? - Answer-when easement comes to exist because it has been
exercised for at least 20 years they become legal easements between freehold
owners only
prescription act 1832 - uninterrupted enjoyment
- continuous used 'reasonably regular'
- as a right - without force
- without secrecy
- without permission
what are the three types of prescription? - Answer-prescription at common law
prescription under the doctrine of lost modern grant
the prescription act 1832
what are the 4 stages of capability? - Answer-1. LPA 1925 s1(2)(a)
2. right must be capable in principle of being an easement
3. not be prevented from being an easement
4. right acquired as an easement
what is the test set out by Ellenborough Park? - Answer-1. there must be a dominant
(benefits from the exercise) and servient tenement
2. the right must accomodate the dominant tenement - business, proximity
3. there must be no common ownership of the two tenement
4. the right must 'lie in grant' - right of way, drainage and other pipelines, support,
use sporting and leisure facilities, for recreational purposes
what are the three disqualifyig factors? - Answer-if any of these three exist then it
cannot be an easement but rather a personal licence
1. if the use amounts to exclusive possession
2. if the use requires additional payment by the servient landowner
3. if the use if exercised with permission
