Summary
Summary MCQ's for PGDL Land Law Module
- Module
- Land Law
Document contains MCQ's for the PGDL Land Law Module. MCQ's from Adapt for workshops and Formative MCQ's.
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MCQs..........................................................................................................................................1Topic 1....................................................................................................................................1
Assessment.........................................................................................................................1
Formative.........................................................................................................................14
Topic 2..................................................................................................................................16
Assessment.......................................................................................................................16
Formative.........................................................................................................................23
Topic 3..................................................................................................................................25
Assessment.......................................................................................................................25
Formative.........................................................................................................................36
Topic 4..................................................................................................................................38
Assessment.......................................................................................................................38
Formative.........................................................................................................................48
Topic 5..................................................................................................................................50
Assessment.......................................................................................................................50
Formative.........................................................................................................................56
Topic 6..................................................................................................................................58
Assessment.......................................................................................................................58
Formative.........................................................................................................................69
Topic 7..................................................................................................................................71
Assessment.......................................................................................................................71
Formative.........................................................................................................................75
Topic 8..................................................................................................................................77
Assessment.......................................................................................................................77
Formative.........................................................................................................................81
Topic Nine.............................................................................................................................83
Assessment.......................................................................................................................83
Formative.........................................................................................................................88
Topic Ten..............................................................................................................................90
Assessment.......................................................................................................................90
Formative.........................................................................................................................97
MCQs
Topic 1
Assessment
What is the focus of the study of Land law?
The Crown’s ownership of land
Rights in the land -
The history of land ownership
The physical land
The sale of property
, Correct
Correct. Land law is all about rights in the land, rather than the physical land itself. These rights can be
very powerful. Land law is also the study of different land-related relationships, such as landlord and
tenant.
A person describes themselves as the owner of a piece of land, which includes a house and garden. What
do they own?
The physical building on the land only
A right to possess the land -
The physical land
Correct
Correct. We are completely wrong in everyday language when we refer to ourselves as owning a piece of
land. The Crown owns all land in England and Wales. What we technically own is a right to possess the
land.
Which of the following pieces of statute is the foundation of modern land law?
The Land Registration Act 2002
The Law of Property Act 1066
The Law of Property Act 1925 -
The Law of Property Act 2002
Correct
Land law was radically overhauled by a statute called the Law of Property Act 1925 (LPA). This is the
reason that the majority of land law has its roots in statute, rather than case law, and the LPA 1925 is the
real foundation of modern land law.
Which of the following options correctly describes the process you must go through to determine if a right
being claimed is proprietary or not?
Conduct a physical inspection of the land to ascertain whether there is evidence of the right in
question
Determine whether the right in question has been registered
Determine if the right is on the list of recognised proprietary rights, whether it satisfies the
substantive characteristics, and has been created/acquired in accordance with the formalities for
the right -
Examine whether the right in question relate to personal or real property
Correct
Proprietary rights are very powerful. As a result, these requirements will have to be met for a right to have
proprietary status in the circumstances.
Which one of the following statements relating to the definition of real property is correct?
Real property is enforceable in personam
All proprietary rights are classed as real property
If you own real property you have a right in the thing itself -
Recovery of real property is not possible: damages is the only remedy available
Real property is also known as chattel
Correct
Real Property includes all proprietary rights in the land, except leases. This exclusion of leases is an
historical anomaly, which has no bearing the status of leases in modern land law. The key feature of real
property (and leases) is they can be enforced in rem. This is because you have a right in the thing (ie the
land) itself.
2
,Which of the following statements best explains what it means if someone holds a proprietary right in the
land?
The right is capable of being enforced against third parties -
The right will automatically be enforceable against a new owner of the land
Compensation is available for breach of a proprietary right
The right is enforceable in personam
The right is in personal property
Correct
A proprietary right is capable of being enforced against third parties. It will not just be enforceable against
the grantor of the right. A proprietary right is not, however, automatically enforceable against a third party.
A landowner grants their friend a right to live in the landowner’s house for 5 years. One year later the
landowner decides they would like the house back. The landowner goes into the house and changes the
locks. Which of the following statements correctly explains what it means if the right to live in the house is
determined to be a proprietary right known as a lease?
The friend would not be able to do anything as the landowner owns the land
If the landowner sold the house then the friend would not be able to enforce the right to live in the
house against the new owner
The Crown owns the land and would be able to evict the both the landowner and the friend if it
would like to
The friend would have to settle for damages for breach of the right
The friend would be able to recover the right to live in the house for the remainder of the term-
Correct
A lease is a proprietary right which is enforceable in rem ie the right is in the land rather than against the
landowner who granted the right. This means if the right is a lease then the friend would be entitled to
recover possession and use of the house for the remainder of the lease term.
Two landowners are neighbours. One of the landowners grants the other a right to store coal in their coal
shed. The grantor of the right sells their house. The new owner asks the neighbour to move the coal from
the shed. Which of the following statements best describes the legal position?
The neighbour will have to move the coal because such a right can never be enforced against a
third party
The neighbour does not need to move the coal because they have a proprietary right in the land.
The neighbour does not need to move the coal if the right is an easement and if it has been
registered properly at the Land Registry-
The neighbour will have to move the coal because it is personal property.
The neighbour does not need to move the coal because it is real property
Correct
The neighbour does not need to move the coal if the right to store is an easement, provided it has been
registered at the Land Registry. A right to store is capable of being an easement. Provided that it satisfies
the substantive requirements of easements and has been created in accordance with the correct formalities
then it will be an easement. If the easement is registered it would then be binding the new landowner.
Which of the following correctly describes an estate in land?
Physical ownership of the land
A right to use or enjoy the land
A right to possess the land -
Correct
We cannot own the physical land, we can just own a right to possess the land. This is known as an estate.
What is the technical name for a freehold estate?
Term of years absolute
3
, Term of years in possession
Fee simple years absolute
Fee simple absolute in possession -
Correct
This is how the freehold is defined in LPA 1925, s 1(1)(a). However, in practice it is always referred to as
the freehold.
Does the freeholder need to be physically in possession of a piece of land?
No-
Yes, at least part of the land
Yes, all of the land
Correct
Physical possession is not necessary as ‘in possession’ includes receiving rent.
The particulars of sale for a third floor, two-bedroomed flat in Camden state that the price is £400,000 and
there are 125 years left to run on the term. If you bought this flat, what would you be buying?
A freehold estate
The fee simple
A leasehold estate -
A personal right in the land
The physical land
Correct
Though you may think you will be the owner of the flat, what you would actually be the owner of is a 125
year lease of the flat. If you bought this flat, you would have a proprietary right to possess the land for 125
years.
If a piece of registered land is transferred, at what point is the buyer recognised as being the legal owner of
the land?
Registration -
When the land is registered for the first time
Completion of the transfer deed
Exchange of contracts
When the purchase money is paid
Correct
Legal title (ie ownership) transfers at the point at which the buyer is registered at the Land Registry.
Which of the 3 stages of transferring a freehold estate is not necessary to effect a legal transfer of the title?
All stages are necessary
Registration
Deed
Contract-
Correct
A contract is not required to legally transfer the land. However, it is usual for the parties to enter into a
contract as part of the conveyancing process.
Which of the following options is the correct statutory authority for the rule that a deed must be used to
transfer a freehold estate?
4
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