Land law MCQs

Which one of the following is NOT a requirement of establishing acquisition of an casement

by prescription, whatever the specific mode?
A. The use must be as of right.
B. The use must be by / on behalf of one fee simple owner against another fee simple
owner.
C. The use must have been exercised since time immemorial.
D. The use must be continuous.

Which one of the following is NOT a requirement under Re Ellenborough Park (1956)?
A. There must be a dominant and servient tenement
B. There must be diversity of ownership and / or occupation of the dominant and
servient tenements
C. The right must accommodate the servient tenement
D. The right must lie in grant

Which one of the following statements is TRUE?

A. Where a paper owner is not using his land, it will be assumed that he has
discontinued possession of it.
B. The assessment of whether an adverse possessor has factual possession of the land
will be influenced by the type, state and location of the land.
C. To become dispossessed of land, the paper owner must have knowledge of the fact
that he has been driven out of his land by another.
D. To be seen to be in factual possession of land, the adverse possessor must
demonstrate he has reasonable use of the land.

Which one of the following statements is FALSE?

A. A person's rights over a piece of land extend to the lower airspace above the physical
surface area of that land necessary for any use that he wishes to make of that land.
B. A person's rights over a piece of land include rights over the physical surface area of
the land.
C. A person's rights over a piece of land extend to the ground below the surface area.
D. A person's rights over land extend to wild plants growing on that land.

Which of the following are essential characteristics of a lease?

A. Certainty of term, exclusive possession, and rent
B. Certainty of term, exclusive possession, and creation by deed
C. Exclusive possession only
D. Certainty of term and exclusive possession
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, 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. D, E, F, G and H hold legal title as joint tenants on trust for themselves and H as joint
tenants in equity