Deck 25: Property and Mortgages

Question 1

An apartment lease is designated as an example of:

A)a chattel real.
B)a chose in action.
C)a chose in possession.
D)a chattel personal.

Answer 1

A

Question 2

The case of Armory v Delamirie (1722)1 Strange 505 is authority for the principle that:

A)an owner in control of land is entitled to possessory title of anything found on it.
B)an employee who finds goods in the course of their employment must give them to their employer.
C)mere possession of goods gives the possessor a form of ownership enforceable against everyone but the true owner.
D)continuous,long-term exclusive possession of land by a non-owner entitles them to a possessory title.

Answer 2

C

Question 3

The case of Byrne v Hoare [1965] QdR 135 is authority for the principle that:

A)an owner in control of land is entitled to possessory title of anything found on it.
B)an employee who finds goods in the course of their employment must give them to their employer.
C)mere possession of goods gives the possessor a form of ownership enforceable against everyone but the true owner.
D)continuous,long-term exclusive possession of land by a non-owner entitles them to a possessory title.

Answer 3

B

Question 4

Which of the following is the best description of an arrangement whereby Bruce allows his neighbour,Adam,to build a driveway across Bruce's land?

A)The granting of a lease by Bruce to Adam.
B)The granting of an easement by Bruce to Adam.
C)The granting of a life estate by Bruce to Adam.
D)The granting of a restrictive covenant by Bruce to Adam.

Question 5

Assuming Jack and Jill own land as joint tenants,which of the following statements is correct?

A)If Jill dies before Jack,Jack would be entitled to purchase Jill's interest in the land at valuation.
B)If Jack dies before Jill leaving no will,his interest in the land would be distributed according to the law of intestacy.
C)If Jack dies before Jill,his interest in the land would pass to Jill,the survivor.
D)If Jill dies before Jack,her interest would be distributed according to her will.

Question 6

A trademark is designated as an example of:

A)real property.
B)a chose in action.
C)a chattel real.
D)a chose in possession.

Question 7

Assuming Jack and Jill own land as tenants in common,which of the following statements is correct?

A)If Jack dies before Jill leaving no will,his interest in the land would be distributed according to the law of intestacy.
B)If Jill dies before Jack,Jack would be entitled to purchase Jill's interest in the land at valuation.
C)If Jill dies before Jack,her interest would be distributed according to her will.
D)All of the above.

Question 8

Describe the three main types of property.

Question 9

In the context of property law,which of the following is the best definition of the term: 'property'?

A)The rights or ownership of an object.
B)Possession or physical control of an object.
C)Land and anything fixed to it.
D)Real property.

Question 10

Co-owners who hold an equal and undivided interest in property that is characterised by the four unities and survivorship are called joint tenants.

Question 11

A lease of land would be classified as real property.

Question 12

What is required in order to place a restriction on the use of land by future owners?

A)Record an easement on the title.
B)Execute a memorial as part of the chain of title.
C)Record a restrictive covenant as an encumbrance on the title.
D)Register a caveat against the title.

Question 13

Which of the following items,if attached to the land or a building by a tenant,becomes the property of the landlord at the end of the lease?

A)A washing dryer affixed to the wall.
B)A lampshade attached to a ceiling light.
C)A printing press bolted to the floor.
D)A tree planted in the garden.

Question 14

What are fixtures and why is it important to determine if they are moveable or not?

Question 15

A fixture is designated as an example of:

A)real property.
B)a chose in possession.
C)a chattel real.
D)a chose in action.

Question 16

Which of the following are entitled to exclusive possession of land?

A)The lessee.
B)The holder of a life estate.
C)The owner in fee simple.
D)All of the above.

Question 17

Chattels that were once moveable but have subsequently become attached to the land in a way that makes them part of the land are called real chattels.

Question 18

The case of Perry v Clissold [1907] AC 73 is authority for the principle that:

A)an owner in control of land is entitled to possessory title of anything found on it.
B)an employee who finds goods in the course of their employment must give them to their employer.
C)mere possession of goods gives the possessor a form of ownership enforceable against everyone but the true owner.
D)continuous,long-term exclusive possession of land by a non-owner entitles them to a possessory title.

Question 19

The case of Ranger v Griffin (1967)87 WN 531 is authority for the principle that:

A)an owner in control of land is entitled to possessory title of anything found on it.
B)an employee who finds goods in the course of their employment must give them to their employer.
C)mere possession of goods gives the possessor a form of ownership enforceable against everyone but the true owner.
D)continuous,long-term exclusive possession of land by a non-owner entitles them to a possessory title.

Question 20

To what extent does the owner of land own the airspace above the surface of the land?

A)Up to a height of 1 kilometre.
B)Up to a height of 10 metres.
C)The owner has no right to the airspace above their land.
D)As far as is necessary for the ordinary use and enjoyment of the land.

Question 21

The doctrine whereby if one co-owner dies the interest of that person is automatically transferred to the remaining joint tenants regardless of the deceased person's will is called survivorship.

Question 22

Indefeasibility of title means that the registered proprietor holds the land free from all registered interests.

Question 23

The Torrens system of title has a number of advantages over the old common law system of title.What are they?

Question 24

Under the Torrens title system,title is based on registration.

Question 25

A transaction in which an interest in land is given as security for repayment of money lent is called a caveat.

Question 26

Which of the following statements about Torrens Title is NOT correct?

A)Mortgages are created by registration rather than by transfer of ownership.
B)Title to land is established by tracing ownership through a series of deeds.
C)The registered owner generally owns the land free from all unregistered interests.
D)The State guarantees that the person named on the register as the owner is in fact the owner.

Question 27

According to the Mabo case,which form of land ownership will extinguish native title?

A)Vacant Crown land.
B)Beaches.
C)Freehold title.
D)National parks.

Question 28

To what extent has the High Court's decision in the Mabo Case been modified by subsequent legislation?

Question 29

A mortgage provides that land act as security for repayment of a loan.

Question 30

A strata title is evidence of ownership of a lot on a horizontal subdivision of land and/or airspace.

Question 31

Which of the following information is NOT contained in the Torrens title register?

A)The name of the proprietor(s).
B)The nature and extent of all encumbrances.
C)The nature and type of all improvements to the land.
D)Boundaries of the land.

Question 32

Which of the following statements about common law title is NOT correct?

A)A system of deed registration provides protection of the owner's rights.
B)Any break in the chain of documents can deprive the owner of a good title.
C)Common law title is established by a series of deeds.
D)A mortgage of common law title involves transfer of the title to the lender.

Question 33

In what circumstances will native title that has been extinguished by a grant of freehold be 'revived'?

A)By a Crown grant.
B)By the resumption of the land by the Crown.
C)By an act of the executive.
D)Once extinguished,native title can never be revived.

Question 34

Which of the following is NOT an exception to indefeasibility of title?

A)A tenant under a lease for less than 3 years.
B)The rights of a beneficiary under a trust.
C)A person who has adverse possession of the land.
D)An owner who purchased the land from a previous owner who obtained title by fraud.

Question 35

If there are several mortgages over one parcel of land how is priority determined?

A)Priority is determined by the date of creation.
B)It is not possible to have several mortgages over one parcel of land.
C)An equitable mortgage takes priority over a legal mortgage.
D)A legal mortgage takes priority over an equitable mortgage.

Question 36

Which of the following is the best description of native title as determined in the Mabo Case?

A)A new form of common law title.
B)A right to apply to the Native Title Tribunal for a determination of native title.
C)A grant of land made under the Native Title Act 1993 (Cth).
D)A recognition of pre-existing property rights.

Question 37

According to the Native Title Act 1993 (Cth),a person wishing to explore or mine land subject to a native title claim:

A)must first obtain the consent of the claimants.
B)must first notify the claimants.
C)must first negotiate with the claimants.
D)cannot proceed to mine until the claim is resolved.

Question 38

Which of the following is an equitable,rather than a legal mortgage?

A)A registered mortgage of Torrens title land.
B)A conveyance of common law system land to the mortgagee.
C)An unregistered mortgage of Torrens title land.
D)None of the above.

Question 39

What is the meaning of the term 'survivorship' in respect to interests in land?

Question 40

Which of the following statements about strata title is NOT correct?

A)The strata title is vested in the owner's corporation.
B)A strata title is evidence of the horizontal subdivision of the land and/or airspace.
C)The owner's corporation is responsible for management,control and administration of the building.
D)A strata plan can only be registered over Torrens Title land.

Question 41

Which of the following will NOT result in termination of a lease?

A)Forfeiture by breach of a condition of the lease.
B)By either party doing an act inconsistent with continuation of the lease with consent of the other party.
C)Notice to quit given by either party according to the terms of the lease.
D)Sale of the property by the landlord.

Question 42

Prior to the ending of a tenancy,the landlord is entitled to take physical possession of the premises.

Question 43

Which of the following is the best definition of a licence in relation to land?

A)Permission to use property in a certain way.
B)A right attached to a particular piece of land for the benefit of another.
C)A grant of exclusive possession of property.
D)An agreement conferring an estate or interest in land for a limited time.

Question 44

When exercising the power of sale,a mortgagee has a duty to take reasonable steps to obtain a fair price.

Question 45

Which of the following is NOT regulated by the residential tenancies legislation?

A)Lodging or boarding agreements.
B)Holiday homes.
C)Farm letting.
D)All of the above.

Question 46

If a residence is partly used for business purposes,the residential tenancies legislation will cease to apply.

Question 47

A fixed term lease of Torrens Title land for more than three years must be registered to be valid.

Question 48

Which of the following covenants will NOT be implied into a lease of a furnished house?

A)The tenant must take proper care of the house.
B)The landlord must ensure the house is fit for habitation.
C)The tenant must repair all damage to the house.
D)The landlord must provide the tenant with quiet possession.

Question 49

Assignment of a lease involves a transfer of the original lease into the name of the assignee.

Question 50

To compensate for any rent owed by a tenant who has breached a lease,a landlord may evict a tenant and seize the tenant's furniture.

Question 51

Which of the following is NOT one of the remedies of a mortgagee?

A)Register a caveat to protect their interest.
B)Sue the mortgagor personally for the debt.
C)Exercise power of sale over the mortgaged land.
D)Foreclose and acquire ownership of the mortgaged land.

Question 52

An agreement for lease must contain which of the following terms?

A)Details of the consideration to be paid.
B)The date of commencement and term of the lease.
C)A description of the parties and the property being leased.
D)All of the above.