Question 1

Which one of the following statements is TRUE?

a) A tenancy in common requires none of the four unities.

b) A tenancy in common requires all four unities.
c) A tenancy in common requires the unity of possession only.

d) A tenancy in common requires unity of possession and unity of interest only.
Question 2

Which one of the following statements is TRUE in respect of severance by written

notice under s36 LPA 1925?

a) Written notice must be served by registered post to all joint tenants to be

effective.
b) Written notice need not be read by all intended recipients for it to be
effective.
c) Written notice must be given with the consent of all the joint tenants.

d) The intention to sever communicated in a written notice need not be

immediate or irrevocable.
Question 3

Which one of the following statements is FALSE?

a) An express declaration of a beneficial joint tenancy will always prevail.

b) There can only be a maximum of four trustees on the legal title.
c) Equitable title may be held as either a joint tenancy or a tenancy in common.

d) Outside the context of a family home, unequal contributions towards the

purchase price generally leads to an equitable presumption of a tenancy in
common.
Question 4

Which one of the following statements is TRUE?

a) An application for sale by a trustee in bankruptcy is governed by ss 14 and 15

TLATA.
b) Where the bankrupt is also a trustee of the co-owned land, the trustee in
bankruptcy will take over as trustee.
c) Where an application for sale is made by a trustee in bankruptcy more than
one year after bankruptcy is declared, an order for sale is inevitable.
 d) Bankruptcy is a form of severance.
Question 5

Which one of the following is NOT an effective mode of severance?

a) An oral declaration of an intent to sever

b) Written notice
c) Mutual agreement

d) Total alienation
Question 6

Property is expressly conveyed to D, E, F, G and H as beneficial joint tenants. D

contributed 60% towards the purchase price with E, F, G and H contributing the
remaining 40% equally between them. What will be the position in law and in
equity?

a) D, E, F and G hold legal title as joint tenants on trust for D as a tenant in
common as to three-fifths and E, F, G and H as tenants in common as to one-tenth
each.
b) D, E, F, G and H hold legal title as joint tenants on trust for D, E, F, G and H as
joint tenants in equity.
c) D, E, F and G hold legal title as joint tenants on trust for themselves and H as
joint tenants in equity.

d) D, E, F, G and H hold legal title as tenants in common: D as to three-fifths and

E, F, G and H as to one-tenth each. D, E, F, G and H hold equitable title as tenants in
common: D as to three-fifths and E, F, G and H as to one-tenth each.
Question 7

Following on from the scenario in question 6 above, G successfully severs her

interest. What will now be the position at law and in equity?

a) D, E, F and G hold legal title as joint tenants on trust for D, E, F and H as
beneficial joint tenants and G as tenant in common as to one-fifth share.
b) D, E, F and G hold legal title as joint tenants on trust for D, E, F and H as
beneficial joint tenants and G as tenant in common as to one-tenth share.
c) D, E and F hold legal title as joint tenants and G as tenant in common on trust
for D, E, F and H as beneficial joint tenants and G as tenant in common as to one-
fifth share.
 d) D, E and F hold legal title as joint tenants and G as tenant in common on trust
for D, E, F and H as beneficial joint tenants and G as tenant in common as to one-
tenth share.
Question 8

Which case demonstrates that mutual agreement may be effective severance

without being contained in a specifically enforceable contract?

a) Re Draper's Conveyance (1969)

b) Burgess v Rawnsley (1975)
c) AG Securities v Vaughan (1990)

d) Re Citro (1991)

Question 9

Which of the following statements is FALSE?

a) Severance takes effect at both law and in equity.

b) Severance must take place inter vivos.
c) Severance generally has a unilateral effect on the severing tenant only.

d) A successful severance means that the right of survivorship no longer applies
to the tenant who has severed.
Question 10

In the case of Re Evers Trust (1980) which key consideration under s15 TLATA 1996
influenced the court in reaching its decision not to order a sale of the property?
a) Intention
b) Purpose
c) Educational needs of any minors

d) Interest of secured creditors

Question 1

Which one of the following statements is FALSE?

a) A licence creates a personal interest between the licensor and the licensee
b) A person who has a licence to occupy land will never be able to enforce that
licence against a third party
 c) A licence can be distinguished from an easement since it does not require
satisfaction of the four requirements under RE Ellenborough Park (1954)

d) A licence allows a person to enter on to the land of another without

committing a trespass
Question 2

Which one of the following statements is FALSE?

a) A bare licence can be revoked at any time by the licensor

b) Upon revocation of a bare licence, the licensee must leave the licensor's land
immediately
c) A bare licensee will become a trespasser as soon as he exceeds the scope of
the bare licence that has been given to him

d) A bare licensee can never enforce his licence against a third party
Question 3

Which one of the following statements is TRUE?

a) Licences coupled with an interest allow the licensee to enter the land of the
licensor for any purpose
b) A licence coupled with an interest can be revoked by the licensor at any time
c) The current position as to licences coupled with an interest is that the interest
to which the licence is coupled must be proprietary in status

d) A licence coupled with an interest is enforceable only against the original
licensor
Question 4

Which one of the following statements is TRUE?

a) A licensor can revoke a contractual licence at any time and when this occurs,
the licensee must leave the licensor's land immediately.
b) Where a contractual licence has been given to occupy the licensor's land for a
specified period of time, the licensor will not be able to revoke that licence until
expiration of that time period.
c) Where a contractual licence has been given to occupy land for a specified
purpose, but the licensee has not yet taken possession of the land, the licensor may
be prevented from refusing entry by way of an order for specific performance.

d) The termination of a contractual licence will entitle the licensee to seek the
remedy of forfeiture.
Question 5
In which case did Denning LJ view an opinion that contractual licences are binding
upon third parties and thus have gained proprietary status?

a) Errington v Errington & Woods (1952)

b) King v David Allen & Sons (1916)
c) National Provincial Bank Ltd v Ainsworth (1965)

d) Verrall v Great Yarmouth BC (1981)

Question 6

Which one of the following most accurately describes the current view of a
contractual licence?

a) Contractual licences can bind third parties and thus do have proprietary
status.
b) Contractual licences can bind third parties but do not have proprietary status.
c) Contractual licences never bind third parties and do not have proprietary
status.

d) Contractual licences may bind third parties where protected by an estoppel or

a constructive trust, but will not bind alone.
Question 7

Which one of the following is NOT a key requirement to establishing an estoppel has
arisen?

a) assurance
b) detrimental reliance
c) proportionality

d) unconscionability-wrong for a person to go back on promise

Question 8

Which one of the following statements regarding the requirements establishing an

equity by estoppel is FALSE?

a) The assurance given should relate to a property right.

b) There must be a causal link between the assurance and the reliance.
c) Whether a detriment has been suffered will be judged at the time the
assurance was relied upon.
 d) Unconscionability is seen as the central requirement. when establishing that
an equity has arisen by estoppel.
Question 9

Which one of the following cases does NOT provide an example of what could
amount to a detriment?

a) LCC v Allen (1914)

b) Inwards v Baker (1965)
c) Suggitt v Suggitt (2012)

d) Crabb v Arun DC (1976)

Question 10

Which one of the following statements is NOT true?

a) Section 115 LRA provides that an equity by estoppel has the effect, from the
time of its creation, of being an interest capable of binding third parties.
b) An equity by estoppel will bind a purchaser of registered land, where it has
been entered on the charges section of the register as a notice.
c) An equity by estoppel will not bind a purchaser of unregistered land where
that purchaser is a bona fide purchaser for value of a legal estate without notice.

d) An equity by estoppel may bind a purchaser of registered land as an

overriding interest under Sch 3 para 2.