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WorksheetsCombined MCQs
Total questions: 79
Worksheet time: 40hrs 30mins
Which case confirmed that proprietary estoppel is not divided into strict elements?
Ramsden v Dyson
Cobbe v Yeoman’s Row
Gillett v Holt
Thorner v Major
Which is NOT a requirement of proprietary estoppel?
Assurance
Reliance
Detriment
Consideration
An assurance in proprietary estoppel must be:
In writing
Express
Clear enough in context
Legally binding
Which case shows assurances can be implied from conduct?
Cobbe v Yeoman’s Row
Thorner v Major
Jennings v Rice
Crabb v Arun DC
Which case limited proprietary estoppel in commercial negotiations?
Gillett v Holt
Thorner v Major
Cobbe v Yeoman’s Row
Guest v Guest
In reliance, once inducement is shown, who bears the burden of proof?
Claimant
Defendant
Court
Both parties
Which case established a presumption of reliance?
Wayling v Jones
Greasley v Cooke
Campbell v Griffin
Jennings v Rice
Detriment may include:
Emotional distress only
Minor inconvenience
Giving up career opportunities
Mere expectation
Which case confirmed care provided can amount to detriment?
Thorner v Major
Cobbe v Yeoman’s Row
Jennings v Rice
Ramsden v Dyson
The fundamental basis of proprietary estoppel is:
Certainty
Formality
Unconscionability
Contract
The remedy in proprietary estoppel must satisfy:
Full expectation
Minimum equity to do justice
Market value
Contractual damages
Which case established the minimum equity principle?
Jennings v Rice
Crabb v Arun DC
Guest v Guest
Campbell v Griffin
Proportionality is key in which case?
Thorner v Major
Jennings v Rice
Cobbe v Yeoman’s Row
Ramsden v Dyson
Guest v Guest (2022) confirmed:
Expectation always fails
Remedy equals detriment
Full expectation may be enforced
Estoppel is obsolete
A lease of 3 years at best rent is legal under:
s52 LPA 1925
s54(2) LPA 1925
s27 LRA 2002
s2 LP(MP)A 1989
'Best rent' means:
Lowest rent
Fixed rent
Market rent
Premium rent
Which leases override automatically?
Over 7 years
Registered leases only
Legal leases up to 7 years
Equitable leases
Which provision governs overriding leases?
s29 LRA 2002
Sch 3 para 1 LRA 2002
s27 LRA 2002
s33 LRA 2002
Actual occupation requires:
Legal ownership
Physical presence
Registration
Written agreement
Which case defines actual occupation?
Chhokar v Chhokar
Williams & Glyn’s Bank v Boland
Link Lending v Bustard
Saeed v Plustrade
Temporary absence may still be occupation if:
Property is unfurnished
There is intent to return
Absence exceeds one year
Owner is abroad
Which case accepted mental illness absence?
Chhokar v Chhokar
Stockholm Finance
Link Lending v Bustard
Boland
Use of an easement amounts to actual occupation?
Always
Usually
No
If registered
Which case rejected easement = occupation?
Saeed v Plustrade
Chaudhary v Yavuz
Boland
Miller
Which case sets easement requirements?
Wheeldon v Burrows
Re Ellenborough Park
Pwllbach Colliery
Donoghue v Stevenson
An express legal easement must be created by:
Writing
Oral agreement
Deed
Prescription
Failure to register an express easement makes it:
Void
Illegal
Equitable
Overriding
Legal ownership of land can only be held as:
Tenancy in common
Joint tenancy
Trust
Fee simple
Severance affects:
Legal title
Beneficial interest
Mortgage
Registration
Severance by notice is governed by:
s196 LPA 1925
s36(2) LPA 1925
s53 LPA 1925
s15 TOLATA
Severance requires intention to take effect:
In the future
Immediately
On death
On sale
Which case held notice effective even if destroyed?
Re 88 Berkeley Road
Kinch v Bullard
Harris v Goddard
Burgess v Rawnsley
Mortgaging a share causes severance under which limb?
Limb 2
Limb 1
Limb 3
Statute
Which case confirmed mortgages sever joint tenancies?
Boland
First National Securities v Hegerty
Midland Bank v Green
Goodman v Gallant
Can a will sever a joint tenancy?
Yes
No
Only if registered
Only with notice
Which case confirms survivorship defeats wills?
Harris v Goddard
Burgess v Rawnsley
Gould v Kemp
White v White
Overreaching requires purchase money paid to:
One trustee
Two trustees
Beneficiary
Mortgagee
Which statute governs overreaching?
LRA 2002
LPA 1925
TOLATA 1996
LCA 1972
Which interest cannot be protected by notice?
Equitable lease
Beneficial interest under a trust
Option to purchase
Estate contract
Which statute governs applications for sale of co-owned land?
LPA 1925
LRA 2002
TOLATA 1996
LCA 1972
Which of the following statements is NOT the aim and objective of the Land Registration Act 2002?
To ensure as many estates and interest created on land is registered
To ensure as many third party rights is recorded on the register
To ensure at least two people are on the legal title when property is transferred
To minimize the number and effect of overriding interest
Which of the following sections provide the principles of the doctrine of overreaching?
Section 27 LRA 2002
Section 27 LPA 1925
Section 2 LP(MP) A 1989
Section 54(2) LPA 1925
Proprietary Estoppel can be used as a _____? i. Lando Norris ii. Poison iii. Shield iv. Sword
i and ii
i and iii
ii and iv
iii and iv
What does section 132 Land Registration Act 2002 provide?
The definition of a lease
The definition of a valuable consideration
The definition of a trustee
The definition of an estate
In 2020, Lewis gives Carlos a 9-year lease over his land. In 2022, Lewis sold that land to Charles. Which of the following statements best represents Charles’ position?
Charles is not bound by Carlos’ lease if he is a purchaser for valuable consideration AND Carlos’ occupation was not discoverable
Charles is not bound by Carlos’ lease if Carlos’ occupation was not discoverable AND Charles was unaware of the lease
Charles is bound by Carlos’ lease if Lewis had entered into a contract with Carlos AND if Carlos’ occupation of the land was discoverable
Charles is bound by Carlos’ lease if Lewis had executed a deed in Carlos’ favour AND Carlos had registered the lease
What are the essential elements of an estoppel arising?
A promise and detriment suffered
Exclusive possession, certainty of duration and rent
A promise, love, and heartbreak
A promise, detrimental reliance and unconscionability
Which statement is TRUE?
An estoppel interest cannot be protected at all
An estoppel interest, although uncrystallised, can be protected as an overriding interest with actual occupation
An estoppel interest cannot be protected as an overriding interest with actual occupation
An estoppel interest cannot be protected by entry of a Notice under Section 33 of the Land Registration Act 2002
The doctrine of proprietary estoppel operates in two stages;
First there is a property and second, the owner is a liar
First, the claimant must prove that the estoppel is present and second, the court must identify the appropriate remedy
First, the claimant is a woman and second, she is denied entry into her property
First, the claimant is denied the right to occupy the property and second the claimant has not registered his/her interest in the land.
What was the principle enunciated in the case of Thompson v Foy [2009] EWHC 1076 (Ch)?
A person must be in actual occupation at the date of registration
A person must be in actual occupation at the date of disposition
A person must be in actual occupation on the date of disposition and registration
A person must be in actual occupation at the date of entering into a contract
Under the Land Registration Act 2002, a lease for the duration of ...................... will require compulsory registration in order for it to be legal
1 year
3 years
5 years
8 years
Lando granted Alex a five-year lease on his field for grazing purposes. What is the best method to protect Alex’s lease, pursuant to the Land Registration Act 2002?
By placing a Restriction on Lando’s title under section 40
By placing a Notice on Lando’s title under section 32
By an overriding interest under Schedule 3 Paragraph 3
By an overriding interest under Schedule 3 Paragraph 2
Which case established the conditions of the modern approach to proprietary estoppel?
Taylor Fashions v Liverpool Victoria Trustees [1982] QB 133
Willmott v Barber [1880] 15 Ch. D. 96
Cobbe v Yeoman’s Row Management [2008] UKHL 55
Thorner v Major [2009] UKHL 19
In Williams & Glyn’s Bank v Boland, why was the wife’s interest in the property protected as an overriding interest?
She was the registered proprietor.
She had entered a restriction in the Registry.
She had a proprietary interest and was in actual occupation.
She had a tenancy agreement with her husband.
Which of the following can amount to a legal lease?
i. a 2-year lease created orally, and the tenant pays the market rate of rent
ii. a 6-year lease created in a deed, regardless of the amount of rent paid
iii. an 8-year lease created in a deed, and the tenant pays the market rate of rent
iv. a 10-year lease created in a deed, regardless of the amount of rent paid
i and ii
ii and iii
ii and iv
iii and iv
Which of the following cases provides the definition of “severance”?
Harris v Goddard [1983] 3 All ER 24
Jones v Kernott [2011] UKSC 53
Stack v Dowden [2007] UKHL 17
Williams & Glyn’s Bank v Boland [1981] AC 487
Alex is the sole registered owner of a house. The house is used to run a shop called “Lowkirkenuinely Flow State”. Beatrice is Alex’s girlfriend and business partner. In which of the following circumstances will Beatrice be entitled to a beneficial interest in the house?
Alex and Beatrice both intended to share the profits from Lowkirkenuinely Flow State.
Alex and Beatrice both intended to share the ownership of the house together.
Alex and Beatrice both intended to live in the house together.
Alex and Beatrice both intended to get married and have children.
Which mode of protection is the best protection afforded for a short lease of 3 years and below?
Schedule 3 Paragraph 1
Schedule 2 Paragraph 2
Schedule 3 Paragraph 3
Schedule 1 Paragraph 3
What was the issue in Stack v Dowden [2007] UKHL 17?
Whether Mr. Stack could obtain a share in the property
Whether Ms. Dowden could obtain a share in property
What was the size of the share owed by Mr. Stack and Ms. Dowden
Whether the property was held under a joint tenancy or tenancy in common
If there is a dispute in relation to a co-owned property between the co-owners, which of the following sections in the Trust of Land and Appointment of Trustees Act 1996 will be invoked?
Section 10
Section 11
Section 14
Section 8
In Jennings v Rice (2002) EWCA Civ 159, the award provided was a sum of £200,000, because this was
the limit that could be afforded by the landowner
the actual amount promised by the landowner
an award proportionate to the work done by the claimant
a common sum awarded
Where there is a dispute over co-owned land, how would the co-owners resolve the dispute in the event one of them desires to sell?
An application can be made under section 33 Law of Property Act 1925 for the court to make an order for sale.
An application can be made to the court under section 14 Trust Of Land and Appointment of Trustees Act 1996 to which the court will consider the factors under section 15 of the Act.
An application can be made to the court under section 14 Trust Of Land and Appointment of Trustees Act 1996 to which the court will grant the order in favour of the person with the larger share in the property
An application can be made to the court under section 27 of the Land Registration Act 2002 and order the land to be sold.
Which of the following best describes the requirements for a claim under proprietary estoppel?
A representation made by the owner of the land (A) to another person B to the effect that B would acquire some interest in A’s land upon which B has no reasonable belief that he will acquire an interest in land
A representation made by the owner of land (A) to another person B to the effect that B would acquire some interest in A’s land upon which assurance B has reasonably relied in such a way that it would be detrimental to B and unconscionable of A for A to resile on the promise made.
A representation made by B to the owner of land (A) to the effect that B would acquire interest in A’s land upon which B has acted in such a way that it would be detrimental to B for A to subsequently assert his ownership of the land.
B has made a mistake as to his or her legal rights and expended money or energy on the faith of that mistaken belief where A does not know that B has a legal right.
Which of the following would NOT be regarded as detrimental reliance?
Foregoing opportunities to further studies
Incurring costs and expenditure to renovate/develop the land
Being in love
Taking care of the landowner
Which of the following sections provide that severance can occur by serving a notice?
Section 14 Trust of Land and Appointment of Trustees Act 1996
Section 15 Trust of Land and Appointment of Trustees Act 1996
Section 36 Law of Property Act 1925
Section 33 Land Registration Act 2002
The methods to sever a joint tenancy be is found in:
Stack v Dowden [2007] UKHL 17
Goodman v Gallant [1986] Fam. 106
Williams v Hensman [1861] 70 E.R. 862
Jones v Kernott [2011] UKSC 53
Which of the following statements is TRUE in relation to proprietary estoppel?
It can only be used as a shield and not as a sword.
Promisee needs to prove reliance and that expenditure was made in respect of the property.
Reliance will be presumed provided there is some detriment. The promisor then needs to prove that there is no reliance.
The detriment must involve expenditure of some money from the claimant.
Which statement is TRUE?
An estoppel promise must satisfy the requirements of s.2 Law of Property (Miscellaneous Provisions) Act 1989.
An estoppel promise can be by words, even if inferred from conduct or imprecise statements.
An estoppel promise must be an active promise and inaction will not be sufficient.
An estoppel promise always perfects an imperfect gift of land.
The methods of severance under common law include:
Mutual conduct
Mutual agreement
Act of a joint tenant operating on his own share
All of the above
When did the Land Registration Act 2002 come into force?
12 October 2002
13 October 2002
12 October 2003
13 October 2003
Which of the following best describes the requirements for a claim under proprietary estoppel?
A representation made by the owner of the land (A) to another person B to the effect that B would acquire some interest in A’s land upon which B has no reasonable belief that he will acquire an interest in land
A representation made by the owner of land (A) to another person B to the effect that B would acquire some interest in A’s land upon which assurance B has reasonably relied in such a way that it would be detrimental to B and unconscionable of A for A subsequently to assert his ownership of the land unencumbered by any rights claimed by B
A representation made by B to the owner of land (A) to the effect that B would acquire interest in A’s land upon which B has acted in such a way that it would be detrimental to B for A to subsequently assert his ownership of the land.
B has made a mistake as to his or her legal rights and expended money or energy on the faith of that mistaken belief where A does not know that B has a legal right.
Which of the following statement about joint tenancies and tenancies in common is CORRECT?
Joint Tenancies only require unity of title.
Tenancies in Common require all four unities to be present.
Joint Tenancies only require to fulfil one of the four unities.
Joint Tenancies require all four unities to be present.
What is the maximum number of trustees in a trust of land?
4
6
7
9
Adam pays most of the outgoings and other household expenses on a property registered in his wife, Brenda’s, name. Is Adam entitled to any beneficial interest in the house?
Yes, via a constructive trust
Yes, via a resulting trust
Yes, via proprietary estoppel
No, it is not sufficient for constructive trust, resulting trust or proprietary estoppel
A property is expressly conveyed to A, B, C, and D as beneficial joint tenants. A contributed 70% of the purchase price, whereas B, C, and D contributed equally to the remaining 40%. How is this property co-owned?
A owns 70% whereas B, C, and D hold 10% of the property each.
They all own 100% of the property together.
B, C, and D own 30% under a joint tenancy and A owns 70% under a tenancy in common.
B, C, and D own 70% under a joint tenancy and A owns 30% under a tenancy in common.
What is severance?
The process of converting the joint tenancy to tenancy in common
The process of converting the tenancy in common to joint tenancy
The process registering the title in the Land Registry
The oral declaration of how the beneficial interest is to be held
Cedric died in 2020 and left his house in his will to “Dan and Edward to hold on trust for my wife Fanny, my daughter Giselle and son Howard in equal shares”. Fanny and Giselle now wish to continue residing in the house, whilst Howard wishes to sell it. How will this dispute be resolved?
Dan and Edward have the same powers of an absolute owner and can sell the property at their absolute discretion
Dan and Edward have the same powers of an absolute owner but can only sell the property after consulting the beneficiaries.
Dan and Edward have the same powers of an absolute owner but can only sell the property after consulting the beneficiaries to which Fanny’s intentions will prevail.
Dan and Edward have a duty to sell the land.
Kirk Mansion, a freehold property, is conveyed to Aaron (aged 30), Bob (aged 25), Charlie (aged 21), Dylan (aged 14), Edmund (aged 50) and Fiona (aged 17). Which of the following statements correctly describes how the legal and equitable estate are held?
The legal estate and equitable estate will be held by Aaron, Bob, Charlie, Dylan, Edmund and Fiona.
The legal estate will be held by Aaron, Bob, Charlie, and Edmund and the equitable estate will be held by Aaron, Bob, Charlie, Dylan, Edmund and Fiona.
The legal estate will be held by Aaron, Bob, Charlie, Dylan, Edmund and Fiona and the equitable estate will be held by Aaron, Bob, Charlie, and Edmund.
The legal estate will be held by Aaron, Bob, Charlie, and Edmund and the equitable estate will be held by Aaron, Bob, Charles, Denise, Eduardo and Frankie.
Which of the following is most likely to constitute an overriding interest under Schedule 3, Paragraph 2 of the Land Registration Act 2002?
A legal lease
A legal easement
Interest holder in actual occupation
A legal charge
In relation to Jones v Kernott [2011] UKSC 53, which of the following is NOT the issue in the case?
whether Mr Kernott was to be entitled to any beneficial interest in the home
whether Ms Jones was entitled to a larger proportion of the beneficial interest in the home
whether the beneficial interest in the home should be apportioned according to the contributions each made to the home
whether the parties’ change in common intention as to the beneficial interest in the home can be taken into account
