QCM : Fundamentals of Property and Land Law — 14 questions

Questions et réponses du QCM

1. Which statement best defines property in the legal sense used here?

The physical thing itself that can be touched and measured
An ownership claim that exists only when possession is present
A legal aggregate of rights a person has over something
A social custom of using land without any legal control

A legal aggregate of rights a person has over something

Explication

Property is described as a bundle or aggregate of rights over a thing, not the thing itself. The physical object is the subject of property, not the definition of property.

2. Which statement best captures ownership as described here?

A mere factual control over an item without legal recognition
The most extensive right to a thing, including possession, use, disposal, and exclusion
A limited right to use a thing only while another person retains title
A right that exists only when the owner is physically present

The most extensive right to a thing, including possession, use, disposal, and exclusion

Explication

Ownership is the most extensive right because it includes exclusive and unrestricted powers to possess, use, dispose of, and exclude others. It can exist even without physical presence or current use.

3. What is a chose in possession?

An intangible right to sue for performance or payment
A future interest that cannot yet be owned
A legal status that exists only in registered land
A tangible form of property that can be physically held and controlled

A tangible form of property that can be physically held and controlled

Explication

A chose in possession is tangible property capable of physical control. By contrast, a chose in action is an intangible right to claim performance.

4. Which statement best reflects the relationship between ownership and possession?

Ownership can exist without actual possession, and possession can exist without ownership
Possession requires title in every case
Ownership is only a factual matter with no legal element
Possession and ownership are always identical in law

Ownership can exist without actual possession, and possession can exist without ownership

Explication

The material stresses that ownership may exist without physical possession, and possession may exist without ownership. This is why the two concepts must be kept separate.

5. What is the statutory effect of Crown vesting when treasure is found?

Title remains with the finder unless the landowner objects
Title automatically passes to the person who first reported it
Title is suspended until a court decides who has the better claim
Title to the treasure passes to the Crown when it is found

Title to the treasure passes to the Crown when it is found

Explication

Crown vesting means that treasure vests in the Crown on discovery, subject to any renunciation by the Crown. The finder does not automatically become the owner.

6. Which item would most clearly fall within the definition of treasure?

Any old object with sentimental value
A paper document hidden in the ground for 50 years
A modern silver ring recently lost in a park
A 300-year-old object made of precious metal

A 300-year-old object made of precious metal

Explication

Treasure includes old precious-metal items, including objects that are 300 years old. Modern lost jewelry or non-metal items do not match that statutory definition.

7. What is required for valid execution of a deed by an individual?

Oral confirmation before a notary
Registration in the land register
Signing in the presence of a witness
A seal impressed on the document

Signing in the presence of a witness

Explication

The formal rule is that an individual must sign in the presence of a witness, and the seal requirement has been abolished. A seal is therefore not needed for valid execution.

8. What does delivery of a deed depend on most directly?

The presence of a seal and no witnesses
The maker’s intention to be bound by it
Physical handover of the original document in every case
Approval by the land registry before it takes effect

The maker’s intention to be bound by it

Explication

Delivery is about legal effectiveness and the maker’s intention to be bound, not just physical custody. A deed can be delivered even if the maker retains physical possession.

9. What is escrow in the context of property transfer?

A temporary lease of land without any condition attached
A postponed transfer that takes effect only when a stated condition is satisfied
Immediate transfer of ownership even though delivery is delayed
A transfer that is valid only if the seller keeps possession

A postponed transfer that takes effect only when a stated condition is satisfied

Explication

Escrow means the transfer is held back until a specified condition is met. The property is treated as being in escrow while that condition remains unfulfilled.

10. Under the Sale of Goods Act 1979, when do ownership rights in specific goods in a deliverable state usually pass?

Only when the buyer physically collects the goods
Only when the goods are later re-identified by the seller
Only after the seller receives full payment
When the contract is made, even if payment or delivery is postponed

When the contract is made, even if payment or delivery is postponed

Explication

For specific goods already in a deliverable state, ownership generally passes on contract formation even if payment or delivery happens later. The other options describe rules that do not apply in that situation.

11. Which combination states the four unities required for a joint tenancy?

Possession, inheritance, title, and time
Possession, profit, title, and trust
Use, interest, title, and time
Possession, interest, title, and time

Possession, interest, title, and time

Explication

The four unities are possession, interest, title, and time. If any one is missing, the co-ownership is treated as a tenancy in common instead.

12. What is the legal effect of severing a joint tenancy?

It converts the co-ownership into a tenancy in common
It restores the missing unity and preserves survivorship
It transfers the whole property to the surviving owner immediately
It makes the co-owners into mortgagors and mortgagees

It converts the co-ownership into a tenancy in common

Explication

Severance destroys the joint tenancy and turns it into a tenancy in common. That stops the right of survivorship from operating over the severed share.

13. What does the mirror principle in land registration suggest?

The register is useful only after a dispute reaches court
Buyers may rely on the register as a factual snapshot of title
Unregistered interests behind the register automatically bind every purchaser
The register records only equitable interests and not legal ones

Buyers may rely on the register as a factual snapshot of title

Explication

The mirror principle treats the register as showing the relevant title position, so buyers rely on what is entered there. It is meant to reflect title rather than hidden unregistered history.

14. How is a title register structured in this system?

Title Sheet, Boundary Sheet, and Mortgage Sheet
Property Register, Proprietor Register, and Charges Register
Land Register, Contract Register, and Possession Register
Possession Register, Ownership Register, and Trust Register

Property Register, Proprietor Register, and Charges Register

Explication

The title register is divided into three parts: Property Register, Proprietor Register, and Charges Register. This A-B-C structure organizes the land, the owner, and any burdens affecting title.

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Property — definition?

Legal aggregate of rights over something.

Ownership — role?

Most extensive right, including possess, use, dispose, exclude.

Property as a relationship — concept?

Power relationship society recognizes over a thing.

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