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Bar Part I Land Law study materials
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Bar Part I Land Law practice questions

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Question 1Nature and Classification of Land and Rights in Land

A parcel of land is held by a person with a fee simple estate. Which statement best describes the defining feature of that estate?

  1. It is an estate measured by the life of the holder only.
  2. It is an estate that automatically terminates when the holder dies without issue.
  3. It is an estate that endures indefinitely and is freely inheritable by the holder's heirs. Correct answer.
  4. It is a possessory right that can last no longer than a fixed term of years.

Explanation

The fee simple is the largest estate recognized in land law: it lasts indefinitely, is freely alienable and descends to the holder's heirs. It is not measured by a life or a fixed term, and it does not fail merely because the holder leaves no children.

Question 2Nature and Classification of Land and Rights in Land

A lease granted to a tenant for five years creates which type of interest in the land?

  1. A freehold estate held by the tenant in fee simple.
  2. An easement appurtenant benefiting the tenant's neighbouring land.
  3. A leasehold estate, which is an estate in land for a fixed period. Correct answer.
  4. A chattel interest that binds only the original parties.

Explanation

A lease for a fixed period creates a leasehold estate, also called a term of years, which is one of the recognized estates in land. It is not a freehold because it is of finite duration, and it is more than a personal contract or an easement.

Question 3Nature and Classification of Land and Rights in Land

Two co-owners hold land as joint tenants. Which characteristic distinguishes their holding from a tenancy in common?

  1. The joint tenants must be married to one another at the time of acquisition.
  2. The joint tenants hold undivided shares with no distinct shares and with the right of survivorship. Correct answer.
  3. The joint tenancy can only arise where the co-owners contribute unequal purchase money.
  4. Each joint tenant owns a distinct, undivided share that passes under a will.

Explanation

Joint tenants together own the whole with no separate shares, and the doctrine of survivorship means a deceased joint tenant's interest accrues to the survivors. A tenancy in common instead gives each co-owner a distinct undivided share that passes to their estate.

Question 4Nature and Classification of Land and Rights in Land

An owner grants a right to a neighbour allowing the neighbour to walk across the owner's driveway to reach the public road. The right is intended to benefit the neighbour's land permanently. This right is best classified as which interest?

  1. A profit à prendre, because it involves use of the owner's land.
  2. A licence, because it is merely permission to enter.
  3. An easement appurtenant, because it benefits the neighbour's land as the dominant tenement. Correct answer.
  4. A restrictive covenant, because it limits the owner's use of the driveway.

Explanation

An easement is a right of one landowner to make limited use of another's land, and it is appurtenant when it attaches to and benefits the dominant tenement. A profit would involve taking something from the land, while a licence is personal permission that does not create an interest in land.

Question 5Nature and Classification of Land and Rights in Land

Which of the following is a corporeal hereditament rather than an incorporeal one?

  1. A profit à prendre to graze cattle on another's pasture.
  2. The physical soil and buildings comprising the freehold land itself. Correct answer.
  3. A right of way over a neighbour's field.
  4. A rentcharge payable out of the land.

Explanation

Hereditaments are things capable of being inherited; corporeal hereditaments are the tangible physical land and things attached to it. Incorporeal hereditaments are intangible rights in land, such as easements, profits and rentcharges.

Question 6Nature and Classification of Land and Rights in Land

A developer wishes to build a house on land that has always been open farmland. Before the planning authority will grant permission, it must classify the proposed use. The land is currently used for agriculture. Which statement correctly describes the planning classification relevant to the application?

  1. The land is previously developed land because it has been cultivated.
  2. The land is brownfield because agricultural use counts as development.
  3. The land is greenfield, since it has not previously been developed for buildings. Correct answer.
  4. The land is already developed because farming is a commercial activity.

Explanation

Land that has not previously been built on is treated as greenfield land, and ordinary agriculture does not make it previously developed. Brownfield or previously developed land refers to land that has been occupied by permanent structures or otherwise developed.

Question 7Nature and Classification of Land and Rights in Land

A landowner grants a neighbour the right to fish in a pond on the landowner's estate. The neighbour may take fish away. Which interest has been created?

  1. A profit à prendre in gross, because the right is to take from the land and need not benefit other land. Correct answer.
  2. A licence coupled with an interest, because fish are part of the land.
  3. A restrictive covenant, because it restricts the landowner's use of the pond.
  4. An easement of recreation, because fishing is a leisure activity.

Explanation

A profit à prendre is a right to take natural produce from another's land, and it may exist 'in gross' where it is not attached to a dominant tenement. Fishing rights are a classic example of a profit. An easement, by contrast, gives only a right of use without taking.

Question 8Nature and Classification of Land and Rights in Land

A mother conveys land 'to my daughter for life, and after her death to my grandson in fee simple'. The daughter is still alive. Which statement correctly describes the grandson's interest?

  1. He holds a fee simple in possession immediately.
  2. He holds a reversion because the grantor retained an interest.
  3. He holds no interest until the daughter dies.
  4. He holds a vested remainder in fee simple, ready to take effect on the daughter's death. Correct answer.

Explanation

Because the grandson is ascertained and there is no condition precedent to his taking, his remainder is vested rather than contingent, though it is not yet in possession. It becomes possessory when the life estate ends. A reversion would belong to the grantor, not to the grandson.

Question 9Nature and Classification of Land and Rights in Land

A testator leaves land 'to my sons in equal shares, to be divided between them and their respective heirs'. Which form of co-ownership arises?

  1. A joint tenancy, because the sons are named together.
  2. A joint tenancy that automatically converts to a tenancy in common on death.
  3. A tenancy by entireties, because the sons are family members.
  4. A tenancy in common, because words of severance indicate distinct shares. Correct answer.

Explanation

Words indicating that the co-owners are to take distinct shares, such as 'in equal shares' or 'respectively', operate as words of severance and create a tenancy in common. A joint tenancy requires unity of title and the absence of distinct shares.

Question 10Nature and Classification of Land and Rights in Land

A landowner sells part of her land and, in the transfer, reserves to herself a right to run drainage pipes across the land sold. Which interest has the seller created?

  1. An easement in gross benefiting no land.
  2. A quasi-easement that becomes a full easement only after registration. Correct answer.
  3. A restrictive covenant enforceable against the buyer.
  4. A profit à prendre over the buyer's land.

Explanation

Where a seller reserves a right over land sold, the right arises initially as a quasi-easement and becomes a full easement once the transfer is completed and registered. It is not an easement in gross, since it must benefit the seller's retained land.

Question 11Nature and Classification of Land and Rights in Land

A freehold owner grants a neighbour a right of way 'for as long as the neighbour owns the adjoining plot'. Which characteristic of an easement does this grant most directly satisfy?

  1. The easement must be granted by deed.
  2. The dominant and servient owners must be different persons.
  3. The easement must accommodate and serve the dominant tenement. Correct answer.
  4. The easement must be capable of forming the subject matter of a grant.

Explanation

An easement must accommodate the dominant tenement, meaning it must benefit the land itself rather than confer a personal advantage. Tying the right to ownership of the adjoining plot shows that the benefit runs with that land.

Question 12Nature and Classification of Land and Rights in Land

A landowner builds a house that encroaches slightly onto a neighbour's registered land. The neighbour wishes to establish ownership of the encroached strip. Which principle is most relevant to determining title?

  1. The rule in Rylands v Fletcher, which imposes strict liability for encroachment.
  2. The principle of proprietary estoppel, which automatically vests title in the encroacher.
  3. The doctrine of adverse possession, which may extinguish the paper owner's title after the statutory period. Correct answer.
  4. The doctrine of part performance, which transfers title on oral agreement.

Explanation

Adverse possession allows a person in possession of land without the owner's permission to acquire title if the statutory period elapses. Part performance concerns enforcement of contracts, Rylands v Fletcher concerns escape of dangerous things, and estoppel requires a representation and detriment rather than mere encroachment.

Question 13Nature and Classification of Land and Rights in Land

A testator leaves land 'to my wife for life, remainder to my children who attain the age of twenty-five'. At the testator's death, one child is twenty and another is twenty-eight. Which statement correctly classifies the interests?

  1. Both children hold contingent remainders, because the class is not closed.
  2. The younger child holds a reversion, while the older holds a remainder.
  3. The older child holds a vested remainder, while the younger child holds a contingent remainder. Correct answer.
  4. Both children hold vested remainders, because they are ascertained.

Explanation

A remainder is vested where the person is ascertained and no condition precedent remains; the older child satisfies the age condition and holds a vested remainder. The younger child's interest is contingent because it depends on attaining twenty-five.

Question 14Nature and Classification of Land and Rights in Land

A property owner grants a neighbour a right to park two cars on a defined area of the owner's forecourt. Over time the neighbour begins to store building materials there. Which requirement of an easement is most directly engaged by the neighbour's conduct?

  1. The requirement that the easement be registered before it can exist.
  2. The requirement that the dominant and servient tenements be adjacent.
  3. The requirement that the easement be granted for a term of years.
  4. The requirement that the right not amount to exclusive or joint occupation of the servient land. Correct answer.

Explanation

An easement must not give the grantee exclusive possession or co-occupation of the servient land, since that would amount to ownership rather than a right of use. Parking within a defined area may be acceptable, but storing materials and effectively controlling the space may exceed an easement.

Question 15Nature and Classification of Land and Rights in Land

A local authority compulsorily acquires a strip of a farmer's land for a road. The farmer retains the surrounding fields. Which statement best describes the nature of the authority's interest and the farmer's position?

  1. The authority acquires a fee simple by compulsory purchase, and the farmer's retained land is the remainder. Correct answer.
  2. The authority acquires an easement in gross, because a public road benefits the public rather than a dominant tenement.
  3. The authority acquires a statutory right of way only, and the farmer keeps the fee simple in the strip.
  4. The authority acquires a leasehold for the duration of the road's use.

Explanation

Compulsory purchase transfers the freehold (or another stated interest) to the acquiring authority, here a fee simple, leaving the farmer with the retained land. The farmer's remaining fields are not a remainder in the technical sense but are often described loosely as retained land.

Question 16Nature and Classification of Land and Rights in Land

Land is held by trustees on trust for a beneficiary for life, with remainder to the beneficiary's children. The trustees wish to sell the land. Which statement correctly identifies the nature of the trustees' and beneficiary's interests?

  1. The children hold the legal remainder, and the trustees hold only a power of sale.
  2. The beneficiary holds both the legal and equitable life estate, and the trustees hold nothing.
  3. The trustees hold the legal fee simple, while the beneficiary holds an equitable life estate. Correct answer.
  4. The trustees hold an equitable interest, while the beneficiary holds the legal fee simple.

Explanation

Where land is held on trust, the trustees hold the legal estate and the beneficiaries hold equitable interests. The beneficiary's life interest is therefore equitable, and the children's remainder is likewise equitable. The trustees' legal fee simple enables them to sell and overreach the beneficial interests.

Question 17Ownership, Co-ownership and Possession

Under the Land Law of England and Wales, which of the following best describes the nature of an estate in land?

  1. A licence permitting occupation subject to revocation at will
  2. A right to possession of land for a period of time, capable of enduring indefinitely Correct answer.
  3. A personal right enforceable only against the original grantor
  4. A physical portion of the earth's surface owned absolutely

Explanation

An estate in land is a time-based right of possession rather than ownership of the physical soil itself. Freehold estates may endure indefinitely, while leasehold estates are limited by time. This temporal conception underlies the doctrine that all land is ultimately held of the Crown.

Question 18Ownership, Co-ownership and Possession

Two freehold owners, Priya and Quentin, hold land as joint tenants in law and in equity. Priya makes an effective conveyance of her interest to her brother Rufus. What is the effect on the co-ownership?

  1. The joint tenancy is severed in equity, and Priya's share passes to Rufus as a tenant in common Correct answer.
  2. The joint tenancy continues in law and in equity, with Rufus substituted for Priya
  3. The conveyance is void because a joint tenant cannot alienate during the lifetime of the other
  4. The entire legal estate vests in Quentin alone, with Rufus holding only an equitable charge

Explanation

Alienation by one joint tenant severs the joint tenancy in equity because the unity of title is destroyed; the alienee takes as a tenant in common. The legal joint tenancy, however, can only be severed by the statutory methods, so it continues between the remaining legal owners. Rufus therefore holds an equitable share in common.

Question 19Ownership, Co-ownership and Possession

Which statutory provision governs the severance of a joint tenancy and the mechanics of co-ownership of the legal estate in England and Wales?

  1. Law of Property Act 1925, section 36 Correct answer.
  2. Land Registration Act 2002, section 58
  3. Law of Property Act 1925, section 1
  4. Trusts of Land and Appointment of Trustees Act 1996, section 12

Explanation

Section 36 of the Law of Property Act 1925 provides for severance of a joint tenancy by written notice and confirms that the legal estate is held on trust for the beneficial owners. It also addresses the effect of severance on the legal joint tenancy. Section 1 defines legal estates and interests but does not regulate severance.

Question 20Ownership, Co-ownership and Possession

A registered freehold title is held by three people as legal joint tenants on trust for themselves as equitable joint tenants. One of them, acting alone, executes a written notice of severance and delivers it to the other two. What is the immediate effect?

  1. No severance occurs unless all joint tenants consent in writing
  2. Both the legal and equitable joint tenancies are severed simultaneously
  3. The legal joint tenancy is severed, and all three become tenants in common at law
  4. The equitable joint tenancy is severed, and the legal estate remains held by the three as joint tenants Correct answer.

Explanation

A written notice of severance operates under section 36(2) of the Law of Property Act 1925 to sever the equitable joint tenancy only. The legal estate is always held as a joint tenancy because section 36(2) prevents severance of the legal joint tenancy by notice. The legal owners therefore remain joint tenants holding on trust.

Question 21Ownership, Co-ownership and Possession

Ravi and Sunita hold the legal estate in a house as joint tenants on trust for themselves as tenants in common in equal shares. Ravi dies intestate. What happens to the legal estate and to Ravi's beneficial share?

  1. The legal estate passes to Ravi's estate, and Sunita holds the legal title as trustee alone
  2. Both the legal estate and Ravi's beneficial share pass to Ravi's estate under the intestacy rules
  3. The legal estate passes to Sunita by survivorship, and Ravi's beneficial share passes to his estate Correct answer.
  4. Both the legal estate and Ravi's beneficial share pass to Sunita by survivorship

Explanation

The doctrine of survivorship applies to the legal joint tenancy, so the legal estate vests solely in Sunita. Survivorship does not operate on a beneficial tenancy in common, so Ravi's equitable share devolves under his intestacy to his estate. This separation of legal and equitable consequences is a core feature of co-ownership.

Question 22Ownership, Co-ownership and Possession

Which of the following is a recognised method of severing a joint tenancy in equity?

  1. Unilateral declaration of intention never communicated to the other joint tenants
  2. A course of dealing sufficient to indicate that all joint tenants agreed to sever Correct answer.
  3. Physical partition of the land by erecting a boundary fence
  4. A mutual agreement between all joint tenants to hold in common, even if not in writing

Explanation

A course of dealing, such as negotiations or conduct showing that all joint tenants treated their interests as several, can sever a joint tenancy in equity. Mutual agreement and mutual conduct are established methods alongside written notice and alienation. A unilateral uncommunicated intention is insufficient.

Question 23Ownership, Co-ownership and Possession

In a dispute over the family home, the court is asked to quantify the beneficial shares of cohabitants who contributed unequally to the purchase price. Which approach reflects the current law?

  1. The court may redistribute shares according to what it considers fair in all the circumstances
  2. Beneficial ownership follows the parties' actual common intention, inferred objectively from their whole conduct Correct answer.
  3. Beneficial ownership follows only the express declarations in the transfer, with no room for inferred intention
  4. Beneficial ownership is always divided equally regardless of contributions

Explanation

Beneficial ownership depends on the parties' common intention, which may be express or inferred objectively from their conduct and contributions. The court gives effect to that intention rather than redistributing shares on broad fairness grounds. This reflects the approach confirmed in cases such as Jones v Kernott.

Question 24Ownership, Co-ownership and Possession

A person occupies land under a contractual licence granted by the owner. Which statement best describes the occupier's legal position?

  1. The occupier has a personal right against the licensor, generally revocable in accordance with the licence terms Correct answer.
  2. The occupier holds a legal lease enforceable against the whole world
  3. The occupier acquires an equitable easement over the land
  4. The occupier holds a proprietary interest binding on third parties

Explanation

A licence creates no estate or interest in land; it is a personal permission that binds only the parties to it. Its revocability depends on its terms, and equity may restrain revocation in some circumstances, but it does not confer a proprietary right. This distinguishes a licence from a lease or easement.

Question 25Ownership, Co-ownership and Possession

A lease is granted for a term of years at a rent, and the tenant is given exclusive possession. Which characteristic is essential to distinguish a lease from a licence?

  1. Payment of a market rent
  2. Exclusive possession for a certain term Correct answer.
  3. Registration of the arrangement at HM Land Registry
  4. A written document signed by both parties

Explanation

The hallmark of a lease is the grant of exclusive possession for a term of certain duration. Rent is not essential to a lease, and formality and registration affect enforceability rather than the lease/licence distinction. Exclusive possession distinguishes a proprietary leasehold estate from a mere personal permission.

Question 26Ownership, Co-ownership and Possession

A joint tenant of unregistered land wishes to sever the joint tenancy by written notice. To whom must the notice be given to be effective under section 36(2) of the Law of Property Act 1925?

  1. To the trustees of the settlement only
  2. To the court for approval
  3. To the Land Registry only
  4. To every other joint tenant Correct answer.

Explanation

Section 36(2) requires that the notice of severance be given to the other joint tenants; a notice to the Land Registry or to the court is not sufficient. The notice must evince an intention to sever immediately. Once served, the equitable joint tenancy is severed.

Question 27Ownership, Co-ownership and Possession

Two people purchase a house as joint tenants, contributing unequal amounts to the purchase price. There is no express declaration of the beneficial shares. Which presumption applies?

  1. Equity presumes a tenancy in common in proportion to contributions Correct answer.
  2. The legal estate is divided in proportion to contributions
  3. The purchase money is treated as a loan to the other co-owner
  4. Equity presumes a joint tenancy regardless of contributions

Explanation

Where purchasers contribute unequally and there is no declaration, equity presumes they intended to hold as tenants in common in proportion to their contributions. This presumption reflects the equitable maxim that equality is equity only where contributions are equal. The presumption can be rebutted by evidence of a contrary intention.

Question 28Ownership, Co-ownership and Possession

A trustee of land held on trust for co-owners wishes to sell the land, but one beneficiary objects. Under the Trusts of Land and Appointment of Trustees Act 1996, what is the primary function of the trustees?

  1. To obtain the unanimous consent of all beneficiaries before any sale
  2. To consult the beneficiaries and act in the best interests of the trust, with a power to sell the land Correct answer.
  3. To hold the land indefinitely and never sell without a court order
  4. To transfer the land to the beneficiary with the largest beneficial share

Explanation

Under TOLATA 1996, trustees hold the land with a power to sell and must exercise their functions in the best interests of the trust, consulting beneficiaries so far as practicable. Unanimous consent is not generally required for a sale. The court may intervene where trustees act improperly.

Question 29Ownership, Co-ownership and Possession

Which of the following best describes the doctrine of adverse possession as it applies to registered land following the Land Registration Act 2002?

  1. A squatter acquires title only if the registered proprietor consents in writing
  2. Adverse possession can never confer title on registered land
  3. A squatter who occupies for twelve years automatically acquires the paper owner's title
  4. A squatter may apply for registration after ten years, and the registered proprietor is notified and may object Correct answer.

Explanation

Under the Land Registration Act 2002, a squatter may apply to be registered after ten years of adverse possession, and the registered proprietor is notified and may defeat the application by objecting. The old automatic twelve-year limitation title no longer applies to registered land. This reflects the shift to a registration-based system.

Question 30Ownership, Co-ownership and Possession

A tenant holds a lease for a fixed term of five years and remains in occupation after the term expires, paying rent that the landlord accepts. What is the likely legal position?

  1. A periodic tenancy arises by implication from the payment and acceptance of rent Correct answer.
  2. The tenant acquires a freehold estate by adverse possession
  3. The original lease is automatically extended for a further five years
  4. The tenant becomes a trespasser immediately on expiry, and the rent is a penalty

Explanation

Where a tenant remains in possession after the fixed term and the landlord accepts rent, a periodic tenancy is presumed, usually yearly or based on the rent period. The tenant is not a trespasser once the landlord accepts rent. This implied periodic tenancy continues until properly determined.

Question 31Ownership, Co-ownership and Possession

Which of the following statements about the legal estate in co-owned land is correct?

  1. The legal estate can be held by tenants in common
  2. The legal estate must be held by joint tenants, and their number is limited to four Correct answer.
  3. The legal estate can be held by a corporation sole as a tenant in common
  4. The legal estate can be held by any number of joint tenants without limit

Explanation

Since the Law of Property Act 1925, the legal estate in co-owned land must be held as a joint tenancy, and the number of legal joint tenants is capped at four. Any additional co-owners hold only equitable interests. This statutory structure simplifies conveyancing.

Question 32Ownership, Co-ownership and Possession

An owner of a freehold estate wishes to create a legal easement over their land in favour of a neighbour. Which formality is required for the grant to take effect at law?

  1. A declaration of trust executed by the grantor
  2. A written deed, or registration where the title is registered Correct answer.
  3. An oral agreement accompanied by use of the right
  4. A written contract signed by both parties, without a deed

Explanation

A legal easement must be created by deed, and where the land is registered, the grant must also be registered to take effect at law. An oral agreement or a simple contract creates at most an equitable right. A declaration of trust is irrelevant to the creation of an easement.

Question 33Ownership, Co-ownership and Possession

A co-owner in occupation of the family home pays for improvements and seeks reimbursement from the other co-owner. Which principle applies to claims between co-owners for improvements?

  1. A co-owner can never recover the cost of improvements from another co-owner
  2. Only improvements authorised in writing by all co-owners are recoverable
  3. Improvements are automatically shared equally regardless of who paid
  4. A co-owner is generally entitled to an allowance for improvements that increase the value of the property, subject to equitable principles Correct answer.

Explanation

Equity allows an occupying co-owner an allowance for improvements that enhance the value of the property when accounting between co-owners, provided the improvements were made in good faith. The allowance is set off against occupation rent or other sums due. It is not an unlimited right of reimbursement.

Question 34Ownership, Co-ownership and Possession

Which of the following is an example of a legal interest in land that can bind a purchaser without registration in some circumstances?

  1. A beneficial interest under a trust
  2. An easement created by deed and registered Correct answer.
  3. A restrictive covenant
  4. An estate contract

Explanation

A legal easement created by deed and duly registered is a legal interest that binds purchasers. Restrictive covenants, beneficial interests under trusts and estate contracts are equitable interests, which generally require protection by notice or registration to bind a purchaser. This distinction reflects the 1925 property legislation.

Question 35Ownership, Co-ownership and Possession

A freehold owner grants a neighbour a right of way over a track for the benefit of the neighbour's land. Which characteristic is required for the right to be an easement rather than a personal licence?

  1. The right must be capable of forming the subject matter of a grant and must accommodate the dominant tenement Correct answer.
  2. The right must be registered as a charge on the servient land
  3. The right must be exclusive to the grantee to the exclusion of the servient owner
  4. The right must be granted for a term of years

Explanation

For a right to be an easement, it must accommodate the dominant tenement and be capable of forming the subject matter of a grant, among other requirements such as diversity of ownership and no exclusive possession. A licence lacks these proprietary characteristics. Registration affects enforceability, not the nature of the right.

Question 36Ownership, Co-ownership and Possession

Two joint tenants in equity, A and B, agree in a signed writing that they will henceforth hold as tenants in common in equal shares. What is the effect of this agreement?

  1. The joint tenancy is severed in equity from the date of the agreement Correct answer.
  2. The agreement has no effect until registered at HM Land Registry
  3. The agreement severs the legal joint tenancy as well
  4. The agreement is ineffective because severance requires a court order

Explanation

A mutual agreement in writing signed by all joint tenants to hold as tenants in common severs the equitable joint tenancy. Section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 requires the agreement to be in writing and signed. Severance takes effect in equity, while the legal joint tenancy continues.

Question 37Acquisition and Transfer of Title (Sale, Gift, Inheritance)

In a voluntary conveyance of land, which of the following is required for the transfer to be valid at common law?

  1. Delivery of the keys to the property
  2. Payment of the full purchase price
  3. A written instrument under seal (a deed) Correct answer.
  4. Registration of the transfer in the land registry

Explanation

At common law a conveyance of a freehold interest in land must be effected by deed, meaning a written instrument that is signed, sealed (historically), and delivered. Payment and physical symbols are not substitutes for the deed itself.

Question 38Acquisition and Transfer of Title (Sale, Gift, Inheritance)

A seller executes a deed transferring her house to a buyer, signs it, and hands it to the buyer with the intention that it take effect immediately. Which element of a valid deed does this handing-over satisfy?

  1. Consideration
  2. Certainty of terms
  3. Capacity
  4. Delivery Correct answer.

Explanation

Delivery of a deed means the act of placing the instrument beyond the grantor's control with the intention that it be binding, not physical transfer of the land. Signing alone is insufficient until delivery occurs.

Question 39Acquisition and Transfer of Title (Sale, Gift, Inheritance)

Under a system of registration of title, what is the effect of failing to register a transfer of registered land that has been completed by deed?

  1. The transfer is fully effective against all third parties without registration.
  2. The transfer passes only an equitable interest until registration is completed. Correct answer.
  3. The transfer automatically converts into a lease until registered.
  4. The transfer is void from the outset and the deed is a nullity.

Explanation

Where title is registered, the legal estate passes only on registration; until then the transferee generally holds an equitable interest protected by the contract or deed. Registration is the act that vests the legal title.

Question 40Acquisition and Transfer of Title (Sale, Gift, Inheritance)

A donor wishes to make a gift of a parcel of land to a friend. Which statement correctly describes the formal requirement for a valid legal gift of the land?

  1. An oral declaration before two witnesses suffices.
  2. Physical delivery of the title documents alone transfers the legal estate.
  3. A written contract supported by consideration is required.
  4. A deed of gift is required to transfer the legal estate. Correct answer.

Explanation

A gift of land is a voluntary conveyance and, like any conveyance of a legal estate in land, must be made by deed. The absence of consideration does not change the formal requirement.

Question 41Acquisition and Transfer of Title (Sale, Gift, Inheritance)

A grantor signs a deed of gift, tells the donee it is hers, but keeps the deed in his own safe and refuses to part with it. What is the position?

  1. The gift is valid but only as an equitable lease.
  2. The gift fails for want of delivery of the deed. Correct answer.
  3. The gift is complete because no consideration is needed.
  4. The gift is complete because the deed was signed.

Explanation

A deed takes effect only on delivery, which requires the grantor to place it beyond his control with intent to be bound. Retaining the deed in his own safe negates delivery, so the gift is incomplete.

Question 42Acquisition and Transfer of Title (Sale, Gift, Inheritance)

Which of the following best describes the rule of nemo dat quod non habet in the context of transferring title to land?

  1. A transferor cannot convey a better title than he himself possesses. Correct answer.
  2. A purchaser in good faith always acquires a perfect title.
  3. Title passes automatically upon payment of the price.
  4. A minor may always convey a valid legal estate.

Explanation

The nemo dat rule provides that no one can give what he does not have, so a transferor passes only the interest he holds. Statutory exceptions may protect certain purchasers, but the baseline rule limits the transferee's title to the transferor's.

Question 43Acquisition and Transfer of Title (Sale, Gift, Inheritance)

A testator dies leaving a valid will that devises her house to her nephew. By what mechanism does the nephew acquire title?

  1. By a deed of assent from the personal representatives Correct answer.
  2. By a compulsory purchase order
  3. By adverse possession against the estate
  4. By operation of the intestacy rules

Explanation

Property vests in the personal representatives on death, and they transfer it to the beneficiary by a written assent, which operates as a conveyance. The will directs who receives the property but does not itself vest legal title in the beneficiary.

Question 44Acquisition and Transfer of Title (Sale, Gift, Inheritance)

A person dies without leaving a valid will. Under the intestacy rules, which statement is generally correct about the deceased's real property?

  1. It is divided equally among all persons named in any earlier draft will.
  2. It passes to the state in every case.
  3. It passes directly to the eldest child automatically.
  4. It devolves according to a statutory order of entitled relatives. Correct answer.

Explanation

On intestacy the estate devolves under a statutory scheme that ranks the surviving spouse, issue, and other relatives in a prescribed order. The property does not pass automatically to any single child, and the state takes only if no entitled relative exists.

Question 45Acquisition and Transfer of Title (Sale, Gift, Inheritance)

A testator's will leaves 'my house to my sister for life, remainder to my son.' After the testator's death, what interest does the son hold during the sister's lifetime?

  1. A contingent remainder subject to a condition precedent
  2. A life estate pur autre vie
  3. A vested fee simple in possession
  4. A vested remainder in fee simple, postponed in possession Correct answer.

Explanation

The son's remainder is vested because he is ascertained and there is no condition precedent to his taking; only enjoyment is postponed until the sister's life estate ends. A vested remainder becomes possessory when the prior estate determines.

Question 46Acquisition and Transfer of Title (Sale, Gift, Inheritance)

A contract for the sale of land is made orally between two parties. What is the likely effect under a statute requiring written evidence for land contracts?

  1. The contract automatically creates a legal easement.
  2. The contract is enforceable because land is unique.
  3. The contract is enforceable once the buyer pays a deposit.
  4. The contract is unenforceable for want of the required written evidence, subject to limited exceptions such as part performance. Correct answer.

Explanation

Statutes generally require a contract for the disposition of an interest in land to be evidenced in writing and signed. An oral contract is therefore unenforceable, though doctrines such as part performance or estoppel may provide relief in limited circumstances.

Question 47Acquisition and Transfer of Title (Sale, Gift, Inheritance)

A seller agrees in writing to sell land to a buyer, and the buyer takes possession and pays the price, but no deed has yet been executed. What interest does the buyer typically hold?

  1. A legal fee simple
  2. An equitable interest under the contract of sale Correct answer.
  3. No interest whatsoever
  4. A mere licence revocable at will

Explanation

Once a valid contract for sale exists, the buyer acquires an equitable interest, often described as the doctrine of conversion treating the seller as holding the legal title on trust for the buyer. Legal title passes only when the conveyance or registration is completed.

Question 48Acquisition and Transfer of Title (Sale, Gift, Inheritance)

Which of the following is the essential distinguishing feature of a deed as opposed to an ordinary written contract for the transfer of land?

  1. It must be approved by a court before execution.
  2. It must always be registered before it has any effect between the parties.
  3. It must be executed with the formalities prescribed for deeds and does not require consideration. Correct answer.
  4. It must be supported by valuable consideration to be valid.

Explanation

A deed is a formal instrument that must satisfy statutory execution requirements (such as signing and attestation) and is binding without consideration. Ordinary contracts require consideration but not the deed formalities.

Question 49Acquisition and Transfer of Title (Sale, Gift, Inheritance)

A deed of conveyance is executed by the grantor but is expressly stated to take effect only on the grantor's death, and the grantor retains the right to revoke it. How is such an instrument best characterised?

  1. An attempt to create a testamentary disposition that fails as a deed of gift of the present interest Correct answer.
  2. A binding lease for life
  3. A valid mortgage
  4. A valid present conveyance of the legal fee simple

Explanation

A conveyance intended to take effect only at death, with a retained power of revocation, is testamentary in nature and must comply with the formalities for wills. It does not operate as an immediate deed of gift of the present legal estate.

Question 50Acquisition and Transfer of Title (Sale, Gift, Inheritance)

A grantor executes a deed of gift and delivers it to his solicitor to hold until the grantor's death, with instructions to hand it to the donee then. What is the effect of this arrangement?

  1. The gift automatically creates a trust for the grantor's heirs.
  2. The gift is a valid escrow or delivery subject to condition, taking effect on death if not revoked. Correct answer.
  3. The gift is void because a solicitor cannot hold a deed.
  4. The gift operates immediately as a present conveyance.

Explanation

A deed may be delivered as an escrow, taking effect only when a specified condition is satisfied, such as the grantor's death, provided the grantor has parted with control. If the grantor retains an unqualified power to recall the deed, delivery may be negated.