Land Law Q1) a+b)

Question 1 of 22

Medal-premium 1

a) What right does Rosie have in the property?

Select one of the following:

  • • Equitable property right

  • • A profit

Question 2 of 22

Medal-premium 1

• Implied Trust

Select one or more of the following:

  • Does not need to be created using a assigned written document

  • They can arise as result of the conduct of the parties

  • • A profit

Question 3 of 22

Medal-premium 1

• Constructive trust

Select one or more of the following:

  • type of implied trust

  • Arises when a person who is not the legal owner of the property makes a significant contribution towards it

  • • Legal property rights

Question 4 of 22

Medal-premium 1

• Lloyds Bank v Rosset 1990 – Constructive trusts can arise in two ways:

Select one of the following:

  • Expressly agreed & Impliedly agreed

  • Expressly agreed & not Impliedly agreed

Question 5 of 22

Medal-premium 1

a) What right does Rosie have in the property?

Select one of the following:

  • Expressly agreed constructive trust

  • Impliedly agreed constructive trust

Question 6 of 22

Medal-premium 1

Expressly agreed constructive trust

Select one of the following:

  • • The legal owner of a property and a person who is not the legal owner expressly agree (evidence of discussions) that the person who is not the legal owner should have an interest in the property. The person who is not the legal owner then acts to their detriment (contributions to purchase price or making substantial improvements to the property at own expense) in reliance on that agreement.

  • • The legal owner of a property and a person who is not the legal owner expressly agree (evidence of discussions) that the person who is not the legal owner should have an interest in the property. The person who is not the legal owner then acts to their detriment (contributions to purchase price) in reliance on that agreement.

Question 7 of 22

Medal-premium 1

a) What right does Rosie have in the property?

Select one of the following:

  • • In this case Rosie paid for a new kitchen and conservatory

  • contributions to purchase price

Question 8 of 22

Medal-premium 1

b) Can Rosie enforce her right against Mark? Why or why not?

Select one of the following:

  • • A constructive trust is a minor interest (Property interest in registered land)

  • • A constructive trust is not a minor interest (Property interest in registered land)

Question 9 of 22

Medal-premium 1

A purchaser for value of a registered title will not be bound by minor interests which have not been properly protected

Select one of the following:

  • • Section 29 (1) Land Registration Act 2002

  • Section 2 LP(MP)A 1989

Question 10 of 22

Medal-premium 1

• Protection of interests under trusts

Select one of the following:

  • enter a restriction on the title register of the estate which is subject to the interest

  • enter a notice on the title register of the estate which is subject to the interest

Question 11 of 22

Medal-premium 1

b) Can Rosie enforce her right against Mark? Why or why not?

Select one of the following:

  • • In this case constructive trust not properly protected

  • • In this case constructive trust properly protected

Question 12 of 22

Medal-premium 1

• Overriding interests

Select one of the following:

  • They are binding even if they are not on the register

  • They are not binding even if they are not on the register

Question 13 of 22

Medal-premium 1

b) Can Rosie enforce her right against Mark? Why or why not?

Select one or more of the following:

  • • Interests of a person in actual occupation (Overriding interest)

  • • If a person has a minor interest in a piece of land which would normally require protection by notice or restriction, that interest will be upgraded to overriding if the requirements of Schedule 3 paragraph 2 Land Registration Act 2002 are satisfied

  • • If a person has not got a minor interest in a piece of land which would normally require protection by notice or restriction, that interest will be upgraded to overriding if the requirements of Schedule 3 paragraph 2 Land Registration Act 2002 are satisfied

Question 14 of 22

Medal-premium 1

• Schedule 3 paragraph 2 Land Registration Act 2002 – Requirements for a minor interest to be upgraded:

Select one or more of the following:

  • o The person with minor interest must be in actual occupation of the land at the time of sale

  • o The actual occupation must be obvious on a reasonably careful inspection (or purchaser know about interest)

  • o If enquiry was made before the disposition of the person with the interest then that person must have disclosed the interest if it was reasonable to expect them to do so

  • o The right claimed must be capable of forming the subject matter of a grant (specific/precise definition)

Question 15 of 22

Medal-premium 1

• Does actual occupation have to be continued and uninterrupted presence?

Select one of the following:

  • • Chhokar v Chhokar [1984]

  • • City of London Building Society v Flegg [1988]

Question 16 of 22

Medal-premium 1

• Chhokar v Chhokar [1984]

Select one or more of the following:

  • o Court was satisfied that Mrs Chhokar was in actual occupation as belongings still present at the house and she intended to return

  • o Some degree of permanence and continuity

  • o If enquiry was made before the disposition of the person with the interest then that person must have disclosed the interest if it was reasonable to expect them to do so

Question 17 of 22

Medal-premium 1

b) Can Rosie enforce her right against Mark? Why or why not?

Select one of the following:

  • • Rosie had overriding equitable right

  • • Rosie did not have an overriding equitable right

Question 18 of 22

Medal-premium 1

If the land is sold, the equitable rights of the beneficiaries under the constructive trust may not bind the purchaser

Select one of the following:

  • • Overreachable equitable rights

  • • Overriding interests

Question 19 of 22

Medal-premium 1

• Overreachable equitable rights

Select one of the following:

  • • To overreach the rights of the beneficiaries the purchaser must pay the purchase price to at least two trustees (trustees are simply the legal owners wherever there is a trust so they will be the vendors)

  • • A profit is a right to go on somebody else’s land and remove from that land something which exists there naturally – grazing rights

Question 20 of 22

Medal-premium 1

• Overreachable equitable rights

Select one of the following:

  • • Purchase monies then form a trust fund and beneficiaries will have equitable rights in the trust fund

  • • Purchase monies then will not form a trust fund and beneficiaries will have equitable rights in the trust fund

Question 21 of 22

Medal-premium 1

example of overreaching registered land

Select one of the following:

  • • City of London Building Society v Flegg [1988]

  • • Chhokar v Chhokar [1984]

Question 22 of 22

Medal-premium 1

b) Can Rosie enforce her right against Mark? Why or why not?

Select one of the following:

  • • Rosie’s equitable right in the land is overreached but she receives equitable right in the trust fund

  • • Rosie’s equitable right in the land is not overreached

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Land Law Q1) a+b)

nathan_hutchings
Quiz by , created over 3 years ago

Land Law Quiz on Land Law Q1) a+b), created by nathan_hutchings on 20/05/2013.

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