Question 11

Katherine Square is a freehold house registered in the sole name of Henric. When the house was purchased, Susie contributed 40,000. Jackson is now wishing to purchase the house.

Which of the following statements is the most correct?

a. Because of her contribution, Susie has a beneficial interest. This would be an overriding interest only if Susie were in actual occupation of the property, and if asked discloses her interest. However, Susie's interest will be overreached when Jackson pays the purchase price to Henric, and Susie can claim her beneficial interest against Henric.

b. Because of her contribution, Susie has a beneficial interest. This will be binding on Jackson only if Susie has entered a restriction in the Proprietorship Register. If she has not entered a restriction this is never binding on Jackson.

c. Because of her contribution, Susie has a beneficial interest. This would be an overriding interest only if Susie were in actual occupation of the property, and if asked discloses her interest. However, in order to overreach Susie's interest, Jackson will need to pay the purchase price to two trustees. He will therefore need Henric to appoint a second trustee. Then Susie's beneficial interest will not affect Jackson, but she can claim against the trustees as she will have an interest in the proceeds of sale.

d.Because of her contribution, Susie has a beneficial interest. This will give her an overriding interest which does not need to be entered into the charges register of title and will be binding on Jackson

Question 12

Treeside Council erected a statue of local author, Grenville Jones, in a public place at the entrance to the main Treeside shopping centre. This became a popular spot for local shoppers to gather, sit and have a snack, and also take selfies. The Treeside Council has now sold the shopping centre to Arkwright Investments, a company which owns several shopping centres around the country. In the contract of sale, there was no mention of the statue. Shortly before the completion of the sale, Treeside Council brought in a contractor who removed the statue without any damage to the statue or where it was fixed and they have now re-located the statue to the Grenville Jones Park, about 4 miles away - but still in the Treeside Council area. Arkwright is now complaining about the removal of the statue.

Which of the following is the best advice to give in the circumstances?

a. The definition of "land" includes any fixtures but not any chattels. The statue was fixed to the land at the shopping centre. Although it was removable, the fact that members of the public over a number of years had become accustomed to using it as part of their daily lives meant that the statue ceased to be a chattel and had become "part and parcel" of the land. As such it was now a fixture and cannot be removed. Arkwright is entitled to the return of the statue.

b. The definition of "land" includes any fixtures. The statue was fixed to the land at the shopping centre. Therefore, it was included in the land to be purchased and the fact it was not specifically mentioned in the contract is irrelevant. Arkwright is entitled to the return of the statue.

c. The definition of "land" includes any fixtures but not any chattels. The statue was fixed to the land at the shopping centre. Whether it is a fixture or a chattel depends not on the degree of annexation but on the intention of the party erecting the statue in the first place. Therefore the Court would ask Treeside Council what they considered the statue as when it was first erected. As they have removed it, the Court would be entitled to presume that they intended for it to be a chattel. Arkwright cannot seek the return of the statue.

d.The definition of "land" includes any fixtures but not any chattels. The statue was fixed to the land at the shopping centre. However, the degree of fixation was clearly limited as the statue could be removed without any damage being caused. The statue served as an ornamental object for better enjoyment of the land. However, the statue can also serve as being ornamental for better enjoyment of the land in the park, and the statue would seem to have a better connection to the new location. Therefore this is a chattel and because it was not mentioned in the contract, Arkwright cannot seek the return of the statue.

Question 13

Which of the following best describes "the mirror principle"?

a.The Land Registry guarantees that they will make any rectification of the register if there is an error

b.A purchaser of land is obliged to make enquiries of the owner and occupier of land before the Land Registry will accept an application for change of ownership

c.The Land Registry will only guarantee absolute title if the owner is in actual occupation of the land

d.The register should be an accurate reflection of who owns the title and any third party interests affecting the land

Question 14

In order for an interest in land to exist at law, which is the most accurate statement?

a.The interest must be capable of existing as a legal interest under the Law of Property Act 1925, be granted by Deed in writing, be made by a grantor of full capacity, and the grantee must not be a bona fide purchaser for value with notice

b.The interest must be granted by Deed in writing

c.The interest must be capable of existing as a legal interest under the Law of Property Act 1925, be granted by Deed in writing, and be made by a grantor of full capacity

d.The interest must be capable of existing as a legal interest under the Law of Property Act 1925

Question 15

Oscar has inherited Jolly Farm following the death of his father. It was left to him in the Will and he has paid no money for this. He is now registered as the proprietor of the farm at the Land Registry. The next door neighbour, Richard, has been using a pathway across one of the fields as a shortcut to the road. When challenged by Oscar, Richard produces a document which is a Deed entered into by Oscar's father granting Richard the right to use this for life.

Which of the following statements is most correct in these circumstances?

a.Richard has an equitable easement as a legal interest cannot be created for life. As an equitable interest this will only bind a purchaser for value if it is protected by notice in the Charges Register of Oscar's father's title at the Land Registry. It is however binding on Oscar as he inherited the land, even though the interest is not protected by registration.

b.Richard has a valid legal easement as it has been created by deed. This should be registered as a charge in the Charges Register of Oscar's father's title at the Land Registry. It therefore is binding on Oscar

c.Richard has an overriding interest as he is in actual occupation of the land by using the easement which is obvious on inspection and Richard has disclosed his interest when asked. It is therefore binding on Oscar.

d.Richard has an overriding interest as this is an implied legal easement which is obvious on inspection and Richard has disclosed his interest when asked. It is therefore binding on Oscar

Question 16

Cameron, Sloane and Ferris purchase a residential property, 16 Chicago Drive together. Cameron provides 20% of the purchase price, Sloane provides 50% and Ferris provides 30%. When filling in the TR1 on purchase, they tick the box which says "The transferee is more than one person and they are to hold the property on trust for themselves as joint tenants". Two years later, Sloane and Ferris get married. Three years later, Cameron makes a Will leaving all his share in the property to Ferris.

Which statement best describes how they hold the legal title and the equitable title to the property?

a.They hold the legal title as joint tenants and the equitable title as tenants in common

b.They hold the legal title as tenants in common and the equitable title as tenants in common

c.They hold the legal title as joint tenants and the equitable title as joint tenants

d.They hold the legal title as tenants in common and the equitable title as joint tenants

Question 17

Cameron, Sloane and Ferris purchase a residential property, 16 Chicago Drive together. The property is registered at the Land Registry with title number GS 465391. One entry in the register of title reads:-

"4. (2 March 1996) The land in this title is subject to the following rights reserved by a Conveyance dated 27 April 1968 between (1) Michael Baugh (Vendor) and (2) Leonidas Kavakos (Purchaser):

Subject to:

(i) an exception and reservation in favour of the Vendor of the right to enter upon the land hereby conveyed for the purpose of constructing a sewer on the line shown coloured red on the plan annexed hereto and at all times hereafter for the purpose of inspecting cleaning repairing or renewing the said sewer."

In which of the registers of title number GS 465391 would this entry be found?

a.Property Register

b.Proprietorship Register

c.Land Charges Register

d.Charges Register

Question 18

William dies owning freehold land in Normandy Road. In his Will, he leaves the land to his son Robert for life, remainder to his other son John.

Which of the following statements is the most accurate in these circumstances?

a.Robert holds the freehold on trust for John as William wanted the property to go to John. John has the equitable interest as the beneficiary, while Robert owns the legal estate.

b.Robert has a freehold life interest and John has a freehold interest in remainder. As a freehold is a legal estate, Robert has the legal estate and John has a legal interest

c.A life interest in the freehold cannot exist as a fee simple absolute in possession. Therefore Robert has an equitable estate in the life interest. John has the fee simple in remainder. Therefore John holds a legal estate, while Robert has a leasehold estate.

d.As he has a life interest, Robert has an equitable interest. John has a fee simple in remainder. This too is an equitable interest as an equitable fee simple absolute in remainder.

Question 19

Harpreet owns a property with a large garden. She has built a high wall and has grown tall trees to prevent people looking at her garden. Aaron is one of her next door neighbours and he likes to fly his drone. Aaron flies the drone at about 20 metres above Harpreet's house and garden. This annoys Harpreet and she wants to stop Aaron. She wishes to argue that Aaron is trespassing on her land by flying the drone above the land.

Which statement is the most correct answer?

a.Harpreet owns the land that the house is built on to the middle of the earth and to the skies. As Aaron does not have permission, he is trespassing on Harpreet's land. This was decided in the Bernstein of Leigh v Skyviews (1978) case

b.A drone is not a fixture to land. Therefore it is a chattel. As a chattel it does not form part of Harpreet's land, so Aaron is entitled to keep the drone and fly it where he wants. Harpreet should have entered into a contract to keep the drone. Therefore Aaron is not trespassing. This is defined in section 205 (1)(ix) of the Law of Property Act 1925

c.Harpreet owns such air space above the land extended only to such height as is necessary for the ordinary use and enjoyment of the land and the structures on it. Above that height, she does not own the air space. Aaron is therefore trespassing on Harpreet's land. This was decided in the Bernstein of Leigh v Skyviews (1978) case

d.The courts have held that the range of air space owned as part of the land extends to 2800 feet. This is equivalent to 853 metres. Aaron's drone is much lower than this so it is trespassing. This was decided in the Bocardo v Star Energy (2010) case.

Question 20

Jasper and Karen are brother and sister. In 2005 and they purchased a house together which they rent out to students. They purchased the house as beneficial joint tenants. Jasper now wishes to ensure that his two children, Tom and Liam, obtain Jasper's share in the property when he dies.

Which method would not achieve the wishes that Jasper has?

a.Jasper makes a Will leaving his share in the property to Tom and Liam

b.Jasper gives written notice to Karen severing the joint tenancy immediately and also makes a Will leaving his share in the property to Tom and Liam

c.Jasper enters into a Deed to convey his share in the property to himself, Tom and Liam as joint tenants.

d.Jasper and Karen agree that they will sever the joint tenancy by having a discussion one day in their office. Jasper makes a Will leaving his share in the property to Tom and Liam

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