Land Law- SBAQ 1 Test Questions All
Solved Correct.
Which one of the following items will usually be considered to be a chattel?
A. Fitted kitchen units
B. Built-in oven and hob
C. Free-standing fridge
D. Bathroom sink
E. Fitted wardrobes - Answer Answer: Option C is correct. See the case of TSB v Botham
[1995] EGCS 3
Which one of the interests listed below is capable of existing as a legal interest in land?
A. An easement
B. An interest of a beneficiary under a trust
C. An estate contract
D. An option
E. A restrictive covenant - Answer Answer: A. an easement is the only interest in the list that
is capable of being a legal interest in land - s.1(2) Law of Property Act 1925 (although certain
formalities will have to be complied with for it to be valid). All the other interests are only
capable of existing as equitable interests - s.1(3) Law of Property Act 1925.
Which one of the following transactions does not require a deed to be valid at law?
A. Grant of a legal lease for two years with immediate possession
B. Sale of an existing legal lease
C. Grant of a legal lease for a term of five years
D. The sale of a freehold - Answer Answer: A - the grant of a legal lease for two years with
immediate possession comes within the exception to s.52 LPA that legal leases for not more
than three years can be created orally or in writing - see s.54(2) LPA 1925. However, the sale of
an existing lease is the transfer of a legal estate in land and is required to be by deed. The grant
of a legal lease for a term of five years and the sale of a freehold must be completed by deed.
Is the following statement True or False? A contract to create or convey an interest in land will
be void if it does not either contain all the terms the parties have agreed or refers to some other
document which contains the terms the parties have agree. - Answer Answer: True -
authority for this s.2(2) Law of Property (Miscellaneous Provisions) Act 1989
, Which one of the following is not an example of an estate contract?
A. An option to purchase land
B. An equitable lease
C. A contract for a sale of land
D. An interest of a beneficiary under a trust - Answer Answer: Option D is the correct answer.
An interest of a beneficiary under a trust is not a contract to create or convey a legal estate in
land. All the other interests are capable of being estate contracts and recognised by equity,
provided the requirements of s.2 of the Law of Property (Miscellaneous Provisions) Act 1989
have been met.
Which one or more of the following statements is or are correct?
A. All land in England and Wales belongs to the Crown
B. The Crown has the right to occupy all the land in England and Wales
C. There are only two LEGAL estates in land
D. A person owning an estate in land can create out of it a lesser estate - Answer Answer:
Statements A, C and D are the correct statements. All land in England and Wales does belong to
the Crown but the Crown does not have the right to occupy it whilst there is a freeholder or
leaseholder in possession. There are only two legal estates in land, the fee simple absolute in
possession (the freehold) and the term of years absolute in possession (the leasehold). A person
owning an estate can create out of it a lesser estate, e.g., the owner of a freehold estate can
grant a leasehold estate. "Fee" means that an estate is capable of being inherited and "simple"
signifies that it may pass to any class of heir
Which one of the following answers is the correct statutory provision to match with the
statement below? All contracts for the sale of an interest in land must be in writing, contain all
the agreed terms and be signed by or on behalf of the parties to the contract.
A. s.54(2) Law of Property Act 1925
B. s.2 Law of Property (Miscellaneous Provisions) Act 1989
C. s.52 Law of Property Act 1925
D. s.53(1)(b) Law of Property Act 1925 - Answer Answer: B. s.2 LP(MP)A 1989 governs the
formation of contracts for the sale of interests in land; s.52 LPA 1925 provides that a legal estate
can only be passed by deed; s.54(2) LPA 1925 deals with the creation of legal leases for not
more than 3 years and s.53(1)(b) deals with the formalities for the express creation of a trust in
land.
Is the following statement True or False? After exchange of contracts, the buyer has an
equitable interest in the property. - Answer Answer: the statement is true. The exchange of
Solved Correct.
Which one of the following items will usually be considered to be a chattel?
A. Fitted kitchen units
B. Built-in oven and hob
C. Free-standing fridge
D. Bathroom sink
E. Fitted wardrobes - Answer Answer: Option C is correct. See the case of TSB v Botham
[1995] EGCS 3
Which one of the interests listed below is capable of existing as a legal interest in land?
A. An easement
B. An interest of a beneficiary under a trust
C. An estate contract
D. An option
E. A restrictive covenant - Answer Answer: A. an easement is the only interest in the list that
is capable of being a legal interest in land - s.1(2) Law of Property Act 1925 (although certain
formalities will have to be complied with for it to be valid). All the other interests are only
capable of existing as equitable interests - s.1(3) Law of Property Act 1925.
Which one of the following transactions does not require a deed to be valid at law?
A. Grant of a legal lease for two years with immediate possession
B. Sale of an existing legal lease
C. Grant of a legal lease for a term of five years
D. The sale of a freehold - Answer Answer: A - the grant of a legal lease for two years with
immediate possession comes within the exception to s.52 LPA that legal leases for not more
than three years can be created orally or in writing - see s.54(2) LPA 1925. However, the sale of
an existing lease is the transfer of a legal estate in land and is required to be by deed. The grant
of a legal lease for a term of five years and the sale of a freehold must be completed by deed.
Is the following statement True or False? A contract to create or convey an interest in land will
be void if it does not either contain all the terms the parties have agreed or refers to some other
document which contains the terms the parties have agree. - Answer Answer: True -
authority for this s.2(2) Law of Property (Miscellaneous Provisions) Act 1989
, Which one of the following is not an example of an estate contract?
A. An option to purchase land
B. An equitable lease
C. A contract for a sale of land
D. An interest of a beneficiary under a trust - Answer Answer: Option D is the correct answer.
An interest of a beneficiary under a trust is not a contract to create or convey a legal estate in
land. All the other interests are capable of being estate contracts and recognised by equity,
provided the requirements of s.2 of the Law of Property (Miscellaneous Provisions) Act 1989
have been met.
Which one or more of the following statements is or are correct?
A. All land in England and Wales belongs to the Crown
B. The Crown has the right to occupy all the land in England and Wales
C. There are only two LEGAL estates in land
D. A person owning an estate in land can create out of it a lesser estate - Answer Answer:
Statements A, C and D are the correct statements. All land in England and Wales does belong to
the Crown but the Crown does not have the right to occupy it whilst there is a freeholder or
leaseholder in possession. There are only two legal estates in land, the fee simple absolute in
possession (the freehold) and the term of years absolute in possession (the leasehold). A person
owning an estate can create out of it a lesser estate, e.g., the owner of a freehold estate can
grant a leasehold estate. "Fee" means that an estate is capable of being inherited and "simple"
signifies that it may pass to any class of heir
Which one of the following answers is the correct statutory provision to match with the
statement below? All contracts for the sale of an interest in land must be in writing, contain all
the agreed terms and be signed by or on behalf of the parties to the contract.
A. s.54(2) Law of Property Act 1925
B. s.2 Law of Property (Miscellaneous Provisions) Act 1989
C. s.52 Law of Property Act 1925
D. s.53(1)(b) Law of Property Act 1925 - Answer Answer: B. s.2 LP(MP)A 1989 governs the
formation of contracts for the sale of interests in land; s.52 LPA 1925 provides that a legal estate
can only be passed by deed; s.54(2) LPA 1925 deals with the creation of legal leases for not
more than 3 years and s.53(1)(b) deals with the formalities for the express creation of a trust in
land.
Is the following statement True or False? After exchange of contracts, the buyer has an
equitable interest in the property. - Answer Answer: the statement is true. The exchange of
