Property- Leasehold Estates (Whitlow)

Which of the following requirements must be fulfilled in order for a lease to exist?

• Exclusive possession, certainty of term and payment of rent

• Exclusive possession, certainty of term, creation by a deed

• Exclusive possession and certainty of term

• Exclusive possession only

Which of the following factors may lead the court to the conclusion that while there may be exclusive possession there may still be no lease?

• Two or more parties may be sharing accommodation

• The agreement is described as a 'licence agreement'.

• The term of the agreement may be for discontinuous but definite periods.

• The occupier may be required to live in the premises in order to carry out his job or duties more efficiently.

In 2003 the registered proprietor of a registered freehold estate, X, died and left all his property to A under his will. In 2005 it was discovered that in fact X had not purchased or been given the freehold estate – he was simply pretending to be the freehold owner. A also granted a lease of 2 years to go into possession in 7 months time to B. They did not register this leasehold estate. In early 2004, A declared in writing that he would hold his entire property on trust for C. In late 2004, A sold his freehold estate to D. D became registered freehold proprietor. Which of the following is correct?

• There is no valid lease.

• It is not possible to create a lease to go into possession at some future date.

• A is not able to grant a lease as he has no interest in the land due to X's deception.

• B's leasehold estate operates in equity only

Which of the following is a not a method of bringing a lease to an end?

• Notice

• Grant of a mortgage

• Forfeiture

• Surrender

Boris owns a beautiful cottage in the town of Lakeview. His girlfriend Carmel has been living with him for 8 years. She is not on the legal title and has made no financial contribution to the property. She has never been worried as Boris has always assured her that she had an interest in the property and she had made significant improvements to the property out of her own money as a result. How could she establish that she had an interest arising by estoppel in this case?

• By showing that she expected to have future rights in Boris's property.

• By showing that Boris made a promise to her that she would have future rights in the property.

• By showing that she acted to her detriment relying on Boris's promise that she would have future rights in the property

• By showing that she acted to her detriment believing that she would have future rights in the property.

Which of the following statements is correct?

• At common law the burden and benefit of a covenant can never be passed to a successor in title (i.e. later owner) of the land burdened and benefited.

• At common law the burden of a covenant but not the benefit can be passed on to a successor in title.

• At common law the benefit of a covenant can be passed on to a successor in title but not the burden.

• At common law both benefit and burden can be passed on to a successor in title.

Which of the following statements is false?

• The person giving the covenant or promise is known as the covenantor.

• The person receiving the promise is known as the covenantee.

• Liability to be sued on the covenant is known as the assignment of the covenant.

• The ability to enforce the promise is known as the benefit of the covenant.

A, the registered proprietor of No. 1 Main Street, in Jan. 1st 2023, agreed to sell two houses he had built on his land to B and C. He agreed with both that they would not carry on trade on their properties; that they would maintain the fencing on his property; and that they would contribute to the costs of maintaining his roof. B has sold his house to D who does not wish to maintain the fence or the roof. C has died and his house was transferred to E by will. E wishes to carry on his business at the house.

Which of the following is correct?

• D is bound to maintain the fence.

• D is bound to maintain the roof.

• E is bound not to carry on his business at the house.

• If a notice of the obligation to maintain the fence had been entered onto the register, D would not be bound by this if he did not know about it before he bought the property.

Select the following correct statements:

Covenants in a deed are important because......

• They give due dilligence

• They bind the grantor to legal promises about the title

• replace the agreement at the closing and treated as the complete contract agreement

• They enable the grantee to sue for damages for misrepresentations about title

The primary document used to convey permanent interests in real property is a :