LAND LAW MCT EXAM QUESTIONS
WITH COMPLETE ANSWERS
survivorship - Answer-one dies it remains with other jt
if undecided who died first - seniority, eldest first
tenants in common - Answer-opposite of jt
each owner has a defined share of property decided by the common intention they
shared
how does the law decide shares in TIC - Answer-what the conveyance says about
shares
agreements between owners
contributions to the deposit
work done increasing property value
5 stage tets for determining nature of co-ownership at equity - Answer-the four
unities
express declaration
severance
special circumstances
presumption
severance what it is - Answer-A joint tenancy of the beneficial ownership can be
converted to a tenancy-in-common by a notice called a notice of severance. This
must be in writing
when can severance occur - Answer-if all jt agree
bankruptcy
methods of severance - Answer-in writing
is sent
arrives at last known address
Williams v hensman theory - Answer-2 methods to severe a jt
an act operating on ones own share - alienation,bankrupt
mutual agreement and condu
forfeiture/operation of law - Answer-if one jt kills another survivorship will not apply
degree of annexation case - Answer-Holland v hodgson per blackburn
re whaley - Answer-Elizabethan picture held to be fixtures
re Ellenborough park - Answer-gave guidance to minimum conditions satisfied for
easement
dominant and servient tenement
easement must accommodate dominant tenement
, capable of forming subject matter of grant
asterberry 1884 - Answer-positive covenants
tulk v moxhay 1848 - Answer-restrictive covenants test
burden intended to run with land
must be dominant land
covenant must benefit dominant land
four maids ltd v Dudley marshall ltd - Answer-possession in mortgages
Lpa s52 (1) - Answer-all conveyences of land are void if not made by deed
requirements to execute a deed
1 (3) LPA - Answer-all other estates interests or charges take effect by equitable
interests
LPAs1(2) - Answer-legal interests in land
s205 LPA - Answer-land of any tenure and mines and minerals buildings or parts of
buildings
lpa s62 (1) - Answer-conveyance of land shall include all buildings erections and
fixture, easements, advantages
lpa s62 - Answer-deals with easements
s52 LPA - Answer-benefits of cov
identifiable and in existence at the time of creation
benefit for those not named in original agreement1
whats real property - Answer-land and all attached to it for example a house
whats personal property - Answer-property other than land for example chattels
movable property - Answer-corresponds as personal property
immovable property - Answer-corresponds to real property and real estate and the
associated rights and obligations
define land under s205 LPA - Answer-any tenure and mines and minerals, buildings
or parts of buildings
tangible property - Answer-something felt/physical in nature possess other than land
intangible property - Answer-capable of ownership/not physical eg copyright
proprietary rights - Answer-attached to the land not to the person such as right of
way they bind 3rd parties
WITH COMPLETE ANSWERS
survivorship - Answer-one dies it remains with other jt
if undecided who died first - seniority, eldest first
tenants in common - Answer-opposite of jt
each owner has a defined share of property decided by the common intention they
shared
how does the law decide shares in TIC - Answer-what the conveyance says about
shares
agreements between owners
contributions to the deposit
work done increasing property value
5 stage tets for determining nature of co-ownership at equity - Answer-the four
unities
express declaration
severance
special circumstances
presumption
severance what it is - Answer-A joint tenancy of the beneficial ownership can be
converted to a tenancy-in-common by a notice called a notice of severance. This
must be in writing
when can severance occur - Answer-if all jt agree
bankruptcy
methods of severance - Answer-in writing
is sent
arrives at last known address
Williams v hensman theory - Answer-2 methods to severe a jt
an act operating on ones own share - alienation,bankrupt
mutual agreement and condu
forfeiture/operation of law - Answer-if one jt kills another survivorship will not apply
degree of annexation case - Answer-Holland v hodgson per blackburn
re whaley - Answer-Elizabethan picture held to be fixtures
re Ellenborough park - Answer-gave guidance to minimum conditions satisfied for
easement
dominant and servient tenement
easement must accommodate dominant tenement
, capable of forming subject matter of grant
asterberry 1884 - Answer-positive covenants
tulk v moxhay 1848 - Answer-restrictive covenants test
burden intended to run with land
must be dominant land
covenant must benefit dominant land
four maids ltd v Dudley marshall ltd - Answer-possession in mortgages
Lpa s52 (1) - Answer-all conveyences of land are void if not made by deed
requirements to execute a deed
1 (3) LPA - Answer-all other estates interests or charges take effect by equitable
interests
LPAs1(2) - Answer-legal interests in land
s205 LPA - Answer-land of any tenure and mines and minerals buildings or parts of
buildings
lpa s62 (1) - Answer-conveyance of land shall include all buildings erections and
fixture, easements, advantages
lpa s62 - Answer-deals with easements
s52 LPA - Answer-benefits of cov
identifiable and in existence at the time of creation
benefit for those not named in original agreement1
whats real property - Answer-land and all attached to it for example a house
whats personal property - Answer-property other than land for example chattels
movable property - Answer-corresponds as personal property
immovable property - Answer-corresponds to real property and real estate and the
associated rights and obligations
define land under s205 LPA - Answer-any tenure and mines and minerals, buildings
or parts of buildings
tangible property - Answer-something felt/physical in nature possess other than land
intangible property - Answer-capable of ownership/not physical eg copyright
proprietary rights - Answer-attached to the land not to the person such as right of
way they bind 3rd parties
