Exam (elaborations)
Land Law MCQs Exam With Questions And 100% Verified Detailed Answers
- Module
- Institution
Land Law MCQs Exam With Questions And 100% Verified Detailed Answers...
[Show more]
Seller
Follow
Braxton
Reviews received
Content preview
Land Law MCQs Exam With Questions And 100%Verified Detailed Answers
Your client should accept the lease because it would enable it to recover use of the right
to use the site if Waste Limited subsequently tried to revoke the right.
Correct
This is correct. A lease is a proprietary right in the land. This means it is enforceable in
rem, the right can be recovered. A licence is a personal right, which means the right
cannot be recovered if Waste subsequently tried to revoke it, because a personal right
is enforceable in personam. - ANSWER You act for a refuse collection and disposal
company. who recently entered into negotiations with Waste Limited, the owner of a
landfill site. Waste Limited has offered your client the opportunity to use the site. The
first offer is a 12-month licence to use the site for a payment of £200,000. The second
(alternative) offer is the grant of a 12-month lease of a specified part of the site for a
payment of £225,000. In either case the maximum amount of refuse that your client may
deposit is 25 metric tonnes.
Which of the following options is the best advice to your client as to which offer they
should accept?
Your client should accept the lease because it would enable it to recover use of the right
to use the site if Waste Limited subsequently tried to revoke the right.
Your client should accept the licence because it would give it a proprietary right in the
land
Your client should accept the lease because it would give it a personal right in the land
Your client should accept the lease because it will entitle R to sue for breach of contract
should Waste Limited breach the terms
Your client should accept the licence because it is capable of being enforced against
third parties should Waste Limited sell the site
The document is invalid because it does not comply with the requirements for a land
contract
,Correct
This is correct. A contract for the sale of land must comply with LP(MP)A 1989, s 2; it
must be in writing, contain all the agreed terms and be signed by both parties. The
document is not a valid contract as it has not been signed by both the buyer and the
seller.
There is no valid deed as the document has not been intended as a 'deed' or delivered.
Further, the parties are trying to enter into an contract, rather than the actual transfer of
the land.
If this had been validly created, it would grant the buyer an equitable interest in the land
called an 'estate contract'. - ANSWER A buyer and seller enter into an agreement to
buy/sell a freehold estate. They enter into a document which is described as a contract
for the sale of land. The document contains all the agreed terms and is signed by the
seller in the presence of a witness who attests their signature.
Which of the following options correctly describes the validity of this document?
The document is invalid because it does not comply with the requirements for a land
contract
The document is valid because it complies with the requirements for a deed
The document is valid because it complies with the requirements for a land contract
The document is invalid because it has not been registered at the Land Registry yet
The document is valid because it complies with the requirements of a valid contract for
sale at law
The client holds the legal title but it will revert back to the seller if not registered within
two months
Correct
This is correct. The transfer of the unregistered freehold has been effected by deed so
the legal title passes to the client on completion, who then has two months to register
the land for the first time. See ss 4, 6 and 7 Land Registration Act 2002. - ANSWER Your
client has agreed to purchase the unregistered freehold of a large farm. The seller signs
and dates the transfer deed in the presence of a witness who attests the seller's
signature.
Which of the following statements best describes your client's position in respect of the
,legal ownership of the farm?
The client holds the legal title but it will revert back to the seller if not registered within
two months
The seller holds the property on trust for the client until the transfer is registered with
the Land Registry
The transfer will not take effect at law until title is registered with the Land Registry
The transfer deed is of no effect because it does not include all of the terms expressly
agreed by the parties
The transfer deed is of no effect because the client has not signed the document
The transfer will not take effect at law until title is registered with the Land Registry
Correct
This is the best answer. The transfer must be completed by registration to take effect at
law. See LRA 2002, s27(2)(a) and s27 (1). - ANSWER A purchaser has agreed to buy the
registered freehold of a large office block. The buyer and seller both sign a document
headed 'deed' and their signatures are attested by a witness. The document is then
dated.
Which of the following statements best describes the legal position?
The purchaser holds the legal title to the property
The purported deed is defective and the purchaser has no interest in the property
The purchaser holds the legal title but it will revert back to the seller if not registered
within two months
The transfer will not take effect at law until title is registered with the Land Registry
The purported deed is defective but a contract may be construed from the failed grant
The first document needs to be signed underhand by your client. It does not need
witnessing. The second document does not need to be signed by your client.
Correct
This correctly the legal position. The first document is a contract - it needs to comply
, with LP(MP)A 1989, s 2 i.e. be in writing, contain all the terms and be signed by both the
parties. The buyer and seller's signatures do not need witnessing, and the parties can
sign duplicate contracts, which are then physically exchanged.
The TR1 is a transfer deed. It must comply with LP(MP)A 1989, s 1 i.e. be intended as a
deed, signed by the seller in the presence of a witness who attests their signatures and
be delivered. To effect a legal transfer of the land, it is not necessary for the buyer to
execute the TR1. In practice, the buyer will execute the TR1 if they are entering into any
freehold covenants or making a declaration of trust. However, this does not - ANSWER
You act for the sole buyer of a registered freehold estate. The seller's solicitor sends
you the agreed sale transfer documents prior to exchange and completion of the
transaction.
The first document is labelled 'Contract for Sale'. The second document is labelled 'TR1'.
Which of the following options correctly describes the legal position about the execution
of these documents by your client in order to validly transfer legal title to your client?
Both documents must be executed by your client in the presence of a witness who must
attest their signature.
The first document needs to be signed underhand by your client. It does not need
witnessing. The second document does not need to be signed by your client.
Both documents need only be signed underhand by your client. They do not need to get
their signature witnesses.
The first document needs to be signed underhand by your client. It does not need
witnessing. The second document needs to be signed by your client in the presence of a
witness who must attest their signature.
The first document needs to be signed by your client in the presence of a witness who
must attest their signature. The second document needs to be signed underhand by
your client. It does not need witnessing.
The land is a leasehold estate, the borrower is a residential tenant and the loan is to pay
for the extension of the leasehold term.
Correct
This is correct and the facts are akin to the case of Cityland v Dabrah (1968). As with
this case, if the property is a leasehold and the borrower is a residential tenant who
needs the money to extend the length of the lease, there is a risk that the lender could
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller Braxton. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £20.45. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
69052 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy revision notes and other study material for 15 years now
Recently viewed by you
