Property Law Chapter 2 - Workbook

✓ 1. Global Domination Bank holds a registered mortgage over the land of Javert for the sum of $200,000. The estimated market value
of the land is $500,000. Javert is now three months in default of his mortgage payments to the Bank. What is the best remedy for the
Bank in the circumstances?
Breach of contract action.
Mortgagee sale. ✓
Foreclosure.
Appoint a receiver.

✘ 2. Indefeasibility of title means:

That the title of the registered proprietor can not be defeated by another person who claims they have an interest in the land.
✓
That the title of the registered proprietor can be defeated by another person who claims they have an interest in the land.
That the title of the registered proprietor can not be defeated by another person who claims they have an interest in the land
unless the other person has an unregistered equitable interest in the land.
That the title of the registered proprietor can be defeated by another person who claims they have an interest
in the land if they have written evidence of that interest.
✘

✘ 3. In making a determination of native title, the Federal Court may address which of the following matters?
What the nature and extent of the native title rights and interests are in relation to the area. ✘
Who the people are who hold native title common or group rights.
Whether the native title rights and interests allow the native title holders to possess, occupy, use and enjoy the land or waters
to the exclusion of all others.
All of the above. ✓

✘ 4. If a registered proprietor wants to have a caveat removed they must apply to have the caveat:
Deregistered.
Warned. ✓
Cancelled. ✘
Struck off.

✓ 5. If a tenant is in possession and the tenancy continues indefinitely from the payment of one rent period to another this would be a:
Tenancy at sufferance.
Fixed term tenancy.
Periodic tenancy. ✓
Tenancy at will.

✓ 6. In her will, Fantine has granted a life estate in her house to her cousin Marius. Upon the death of Marius, the house will pass to
Fantine’s daughter Cosette. In this situation, Cosette is:
The grantor.
The reversion.
The remainder. ✓
Life tenant.
✘ 7. Which of the following does NOT occur when a caveat is lodged?
All future dealers with the land are informed of the existence of the unregistered interest.
A caveator is notified of the lodgement for registration of any dealings inconsistent with their interest.
An equitable interest is proved to exist. ✓
The registered proprietor and the holder of any other registered interest upon the title are notified of the
caveat.
✘

✓ 8. There are no restrictions on transfer of a:

Life estate.
Fee tail estate.
Fee simple estate. ✓
Leasehold estate.

✓ 9. Which of the following is an item of intangible personal property?

Mobile telephone.
Curtains.
Shares. ✓
Air conditioner.

✓ 10. Which of the following is unlikely to be considered a fixture?

A stair case between the first and second-storey of a house.
A wrought iron fence cemented in place.
A ducted gas heating system.
A wine fridge. ✓

Note: Your response to open-ended questions is not automatically graded. You will be presented with a solution to
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