Tenant Rights And Property

A client has recently purchased a large plot of land with a cottage at the edge of the property. They come to you seeking advice about a resident in the cottage who has lived in the cottage for three years and paid the previous owner a monthly stipend for exclusive use of the cottage. The client had no knowledge of the resident when they purchased the land. The land was unregistered. Can the client remove the resident from the cottage? Question 1Select one: a. No, the resident has a fee simple legal estate in the land. b. Yes, the resident has no tenancy agreement with the client. c. Yes the lease is an overriding interest. d. No, the resident's lease is protected by the doctrine of notice. e. Yes, the lease is not registered as a class IV land charge.

A shopkeeper has recently noticed that his neighbour has installed a ventilation system in their property. The exhaust vents overhang the shopkeeper’s land by * centimetres and are located on the second storey of his building. Which answer best describes the legal position of the shopkeeper? Question 2Select one: a. The shopkeeper’s reasonable enjoyment of the property is unaffected so no action can be taken b. This is in the upper stratum and so no action can be taken c. This is trespass and the shopkeeper can take action d. The shopkeeper can employ self-help and remove the overhanging part of the vent themselves. e. The overhang is so minor that no action can be taken

A man and a woman are the registered owners of an apartment but the woman’s father paid for half of the purchase price and lives in one of the rooms in the apartment. The man and woman sell the apartment without the father’s knowledge. Does the father have a proprietary right to remain in the apartment? Question 3Select one: a. No, the father’s equitable interest has been overreached. b. Yes, the father is a legal owner. c. Yes, the father paid toward the purchase price and so needs to be consulted on any dispositions. d. No, the father is not a legal owner. e. Yes, the apartment is the father’s home and he is in actual occupation.

A builder is asked to convert a house into a sweet shop and has told the client they will need permission to do this. The client has come to you to see if this is correct. What is your best answer? Question 4Select one: a. The client will need planning permission for a change of use. b. The client can never change the use of a building. c. The client does not need planning permission as they are not altering the house structurally. d. The client does not need permission as they own the property. e. The client will need Building Regulation approval.

A man is the registered owner of a residential property and has made a contract to sell the house to his brother. The man sells the house to his friend for £* million. The brother’s contract for sale was registered with the Land Registry. Can the brother enforce the contract against the man’s friend? Question 5Select one: a. No, registration does not give the right to enforce a contract. b. Yes, as the disposition was for consideration and the contract is protected by registration. c. No, there is no privity of contract between the brother and the friend. d. No, the contract is only enforceable if the disposition was by gift or inheritance. e. Yes, the contract is enforceable but only for a value greater than what the friend paid.

A homeowner applies for a second mortgage and is refused. He is told that there are charges on the property and a restrictive covenant, but the homeowner has never heard of these before and is sure they were not on the register when he bought his house. The homeowner asked the Land Registry for a copy of the register for his house and the entries are present on this copy. What is the best option for the homeowner? Question 6Select one: a. Nothing, the insurance principle means the Land Registry has to honour any entries on the register. b. Nothing, once there is an entry on the register it cannot be removed. c. Apply the Land Registry to have the incorrect entries removed. d. Inform the police. e. Apply to the Crown to have it release them from the charges and restrictive covenant.

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A woman owns a large house and wants to do some renovations. She wants to remove an internal structural wall to increase the size of a room. The woman has come to your law firm for advice on what she might have to do in order to start the renovations. What is the best advice? Question 7Select one: a. The woman does not need to get planning permission. b. The woman will need to hire an architect. c. The woman can alter her property however she wants. d. The woman is not allowed to remove structural walls. e. The woman will need to use a registered builder.

in uk

answer this mcq for me it is based in uk. A woman owns a large house and wants to do some renovations. She wants to remove an internal structural wall to increase the size of a room. The woman has come to your law firm for advice on what she might have to do in order to start the renovations. What is the best advice? Question 7Select one: a. The woman does not need to get planning permission. b. The woman will need to hire an architect. c. The woman can alter her property however she wants. d. The woman is not allowed to remove structural walls. e. The woman will need to use a registered builder.

A man and three business partners co-own a property, being joint tenants in law, but tenants in common in equity. The man finds out he has a son and wants to ensure that the son has some inheritance. The man leaves all of his property to his son. If the man dies what is the proprietary position of his son with regards to the property? Question 8Select one: a. The son has a legal right only as tenants in common shares cannot be bequeathed. b. The son has no proprietary rights as joint tenancies cannot be bequeathed. c. The son has a life interest in the property. d. The son has both legal and equitable interests in the property. e. The son has an equitable interest in the property as a tenant in common.

Cinnamon has been having some financial difficulties and the bank has taken possession of her home as she has failed to pay the mortgage. The bank has put the house up for sale but the asking price is below the market value for the property. Cinnamon is concerned there will be little money left after the sale and feels the bank should raise the asking price for the house. Can Cinnamon force the bank to raise the price for the house in line with its market value? Question 9Select one: a. No, the house no longer belongs to Cinnamon as the bank have taken possession. b. No, the bank need only have regard for their own interests. c. Yes, the bank is under an obligation to obtain the best price possible for the house. d. Yes, Cinnamon has an equitable interest in the house and can request a reasonable asking price. e. Yes, the bank needs to use an estate agent to process the sale.

Three business partners buy a large plot of land together. They own the land as joint tenants in law and equity. They want to give a fourth investor a share in the land for money. Which option is the best way to do this? Question 10Select one: a. None as no-one can be added to the title deeds b. Obtain an order for sale c. Sever their shares and add the investor as a tenant in common in equity d. Sell a share in law and equity e. Sell a joint legal share to the investor.

Five business partners join together to purchase an apartment block. The fifth partner has found that they are not listed as a legal owner with the Land Registry. Can the fifth partner have his name added to the Register? Question 11Select one: a. No, the register cannot be amended after the conveyance. b. Yes, he paid toward the purchase and is a joint tenant in law. c. No, there can only be four legal owners of property. d. Yes, he needs to apply to the Land Registry in writing. e. Yes, the Land Registry have erred and must amend the register and pay compensation.

When purchasing a piece of land the holder of the most powerful estate in the land has the ability to sell or bequeath the land as well as enjoy exclusive possession forever. If we consider the legal estates allowed in the Law of Property Act * which type of ownership does this describe? Question 12Select one: a. Life tenancy. b. Contingent estate c. Fee simple in absolute. d. Fee tail. e. Term of years.

A mother and son own a house together and are both registered legal owners. The son decides to sell the house without the mother’s knowledge. The buyer is now trying to take possession of the house. The mother is sure the house is hers and any documentation the seller has is void. Which best describes the position of buyer? Question 13Select one: a. The mother still owns the house jointly as equity requires at least two trustees to receive money for trust property. b. The buyer replaces the son on the Land Register and so is a co-owner with the mother. c. The buyer can apply for a possession order from the courts d. The buyer has paid for the house and so is now the sole owner. e. The buyer owns the house in law but the mother still has an equitable interest in the property.

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A client comes to you having been gifted a house and has been told that the transfer is a registrable disposition. The client has so far failed to register the acquisition. The client’s neighbour has erected a sign which encroaches on your client’s land. Can your client enforce his proprietary rights to sue for trespass? Question 14Select one: a. No, as the land was a gift, and not for consideration, your client has only minor rights b. Yes, the neighbour needs to have permission in writing. c. Yes, any encroachment onto the land is a trespass. d. No, the neighbour’s actions are reasonable in the circumstances. e. No, the disposition does not operate until it is registered.

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A woman is planning to do some renovations on her home. She is the freehold owner of the property. She wishes to remove some internal wall to open up the house to form an open plan design. Which answer best describes if the woman requires permission to do this work? Question 15Select one: a. Yes, she will require Planning Permission b. No, she owns the property and so can do what she wishes to it. c. No, you do not need permission for internal works d. Yes, she will need to comply with Building Regulations e. No, she does not need to apply for Planning Permission, but still needs Building Regulations approval

A client comes to your firm seeking advice regarding a property they have bought. The property is a residential house which was sold by a man to your client. It transpires that the man’s wife had no knowledge of this and has an equitable interest in the property. Your client’s previous solicitor who dealt with the conveyance knew about the man’s wife living at the property but never informed your client. The man’s wife is refusing to move out of the property. Can your client take possession of the property? Question 16Select one: a. No, the wife is not a legal owner so cannot enforce her rights. b. Yes, your client is a bona fide purchaser for value c. Yes, equitable rights are not enforceable d. Yes, your client is the legal owner of the property and so can evict the wife. e. No, the wife’s interest is protected by imputed notice.

A woman has entered into a contract to purchase a large house. After exchange of contracts she moves into the property. She is disappointed to find that a pyramid statue, which was the central display on an Egyptian themed garden, has been taken by the previous owners. Can the woman require the return of the pyramid statue? Question 17Select one: a. No, the statue was not attached to the land so the degree of annexation is low. b. Yes, anything on the land at the exchange of contracts becomes part of the land. c. Yes, the statue forms part of the land as the purpose of annexation is high d. Yes, the statue is too heavy remove easily. e. No, statues are always chattels and not part of the land.

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A man buys a house which had a large tree in the back garden. The man liked the tree and it was a significant factor in his decision to purchase. He decided not to tell the seller in case they raised the price. Upon taking possession of his new house the man discovers the tree has been cut down. Making further enquiries he discovers the tree was felled the week before he made his offer to buy the house. Can the man take action against the seller for cutting down the tree? Question 18Select one: a. Yes, trees are part of the land b. Yes, the tree was an inducement for the man to put in an offer to buy. c. No, trees cannot be owned and so no action can be made. d. No, there was no contract for sale in place when the tree was cut down e. Yes, the seller was holding the land on trust until the man took possession.

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A woman has been suffering from a severe mental health condition and has been detained under the Mental Health Act * s.* for six months. Prior to being admitted to hospital she was tricked into transferring the title to the house to a man who subsequently took out a large mortgage with a bank and has failed to repay any of the instalments. The woman always intended to return to the house after her treatment and has all of her possessions there. The bank is now seeking possession of the house. Can the woman stop the bank from taking possession of her home? Question 19Select one: a. No, she is not on the title deeds for the house and so has no legal interest. b. Yes, she can as her possessions are in the house c. Yes, she is in actual occupation and has an overriding interest in the house. d. Yes, she did not give consent for the mortgage and so it is void. e. No, she was not living in the house but was living in the hospital.

A client comes to you worried about losing their home. They have a two-year lease on their house and have lived there for 6 months. Their landlord is selling the freehold of the property and your client is worried they may have to leave their home. What is the best advice to the client? Question 20Select one: a. The client should start legal proceedings to prevent the sale. b. The client can remain in the house as the landlord has failed to register their lease with the Land Registry. c. The client can remain for the duration of the lease as they have an overriding interest. d. The client should start looking for a new house as their lease will cease upon completion of the sale. e. The client has no proprietary interest in the house and will need to leave.

A grandfather is the registered owner of a house and has made a contract to sell the property to a woman. The grandfather dies and his grandson inherits the house. The woman wishes to enforce the contract she had with the grandfather as she wants to buy the property. Can the woman enforce the contract against the grandson? Question 21Select one: a. No, the contract to sell needed to be registered in order to be enforceable. b. Yes, the contract for sale automatically attaches to the land and is binding on all subsequent owners. c. Yes, the woman’s contract binds the grandson as the woman’s right was created first. d. No, there is no privity of contract between the woman and the grandson. e. No, the grandfather wanted his grandson to have the house.

A buyer purchases a house which had many pictures of famous footballers hanging on the walls of the living room. When she takes possession of the house the pictures have been removed. The buyer quite liked the pictures and seeks to have them returned to the house. What is the most likely status of the paintings? Question 22Select one: a. The degree of annexation is high therefore the pictures form part of the realty. b. The pictures cannot be returned as once something is removed from the land it is no longer part of it. c. The are chattels and so must stay with the house. d. The purpose of annexation is very low and so the paintings are personal property of the seller. e. The pictures must be returned as they were the reason the buyer purchased the house.

Alfred, Bart and Clyde buy a house together, each providing an equal amount to the purchase price. All three purchasers have wills leaving all of their belongings to their respective partners. Clyde dies in a yachting accident. Who are the legal owners of the house? Question 23Select one: a. No-one as the house needs to be sold and the monies divided between Alfred, Bart and Clyde’s wife b. Alfred and Bart. c. Alfred, Bart and Clyde’s wife. d. Clyde’s partner. e. No-one as the house needs to be sold and the monies divided between Alfred and Bart.

Four friends own a piece of land as joint tenants in law and equity. One of the friends wants to leave his share to his son. He is unsure how to do this and has come to you for advice. Which course of action would be the best piece of advice? Question 24Select one: a. Sever the ownership in equity and put it in a valid will. b. Do nothing as the share will automatically go to the son. c. Sever the ownership in law and equity. d. Sever the ownership in law. e. Make sure it is in a will and signed by two witnesses.

A man has entered into a contract to sell his house. After exchanging the contracts he comes to you to seek advice regarding keeping an item in the house. This is a wall hanging that is worth a lot of money and was given to the man by his grandfather. It is attached to the wall by a baton screwed to the wall using four long screws. The wall hanging is not mentioned anywhere in the contract. Can the man remove the wall hanging before completion? Question 25Select one: a. No, because any item within the property is a permanent part of the land and cannot be removed. b. Yes, because any item of sentimental value is always a removable chattel. c. No, because the wall hanging is likely a fixture due to a high degree of annexation. d. No, the wall hanging needed to be stated in the contract as a chattel. e. Yes, because the wall hanging is probably a chattel due to the small degree of annexation.

A man is one of five friends that have purchased a property jointly. They stated in the conveyance that they own the property as joint tenants in law and equity. The man has been having serious misgivings about the purchase and has approached several other investors he knows in order to sell his share. The man has had contracts drawn up in anticipation of selling his share in the property. Can the man sell his share of the property? Question 26Select one: a. Yes, the man can sell his legal share but not his equitable share. b. No, joint tenancies cannot split up. c. Yes, the man can sell his equitable share for money as the act of negotiations can sever the joint tenancy in equity d. Yes, the man can convert both his legal and equitable ownership into a tenancy in common. e. No, the man is contractually bound by the initial purchase and would require all the other owners to agree to the sale of his share.

A local authority is planning to supplement its citizens' electricity needs by digging a geothermal energy well. Part of this project involves tunnelling * metres under a resident’s property, of which they are the freehold owner. The resident finds out about the plan and states that this is trespass on his land. The council asserts that because of its depth the geothermal well cannot be trespass as it is too deep. Has the council trespassed on the resident’s land? Question 27Select one: a. There is no trespass as the well is too deep. b. It is trespass because the council has not paid the resident. c. It is not trespass as the resident did not know about the well when it was dug. d. It is trespass as any interference within the space owned can amount to trespass. e. There is no trespass as the council is a state body.

You are acting for the purchaser of a property with registered title. The purchaser is buying the property with the aid of a mortgage. Contracts have been exchanged, requisitions on title made, and you have conducted a pre-completion priority search of the title. Following completion you will need to deal with post-completion matters involving payment of Stamp Duty Land Tax (SDLT) to HM Revenue & Customs and registration of the dealing at the Land Registry. Registration at the Land Registry must take place within * working days of which date? Question 28Select one: a. The date of the result of the priority search, to avoid subsequent entries being made on the title which bind the purchaser. b. The date of completion, to avoid the mortgagee’s power of sale arising under the legal charge. c. The date of completion, to avoid the equitable title in the property reverting to the seller. e. The date of completion, to avoid interest becoming payable on outstanding completion monies.

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A woman has an eight-year lease on a commercial unit on registered land. The freehold owner has told her that the lease does not need to be registered with the Land Registry. You explain that the freehold owner is incorrect. What is your explanation for why the freeholder is incorrect? Question 29Select one: a. Nothing, the lease is binding. b. The lease is void if it is not registered. c. The lease only needs to be registered if it is less than three years in length. d. It is incapable of being an overriding interest. e. The lease will only exist as an equitable lease.