Conveyancing

Question 1

In relation to ownership in land, the following is true:
a. Tenure is the word used to determine the length of time for which a person can hold land, and estate is the word used to to descibe the terms upon which an estate or interest in land is held;
b. Estate can be either freehold or leasehold;
c. Tenure is the word used to describe the terms upon which an estate or interest in land is held, and estate is the the word used to determine the length of time for which a person can hold land;
d. None of the above.

Answer 1

c. Tenure is the word used to describe the terms upon which an estate or interest in land is held, and estate is the the word used to determine the length of time for which a person can hold land;

Question 2

Which of the following is not an estate in land:
a. Fee simple;
b. Trust;
c. Fee farm grant;
d. Fee tail.

Answer 2

b. Trust

Question 3

Words of limitation are words that define the extent of the estate that is being conveyed; whilst words of purchase are words in the deed that define the person to whom the estate is being conveyed. Which of the following does not represent the correct words of limitation to convey a fee simple estate from a vendor to a purchaser:
a. To A and his heirs;
b. To A in fee simple;
c. To A and his succesors;
d. To A and his descendants.

Answer 3

d. To A and his descendants.

Question 4

4. Which of the following is incorrect in respect of a determinable fee?
   a. Phrases like “while’, “during”, and “until” are indicative of a determinable fee;
   b. A determinable fee consists of a succession of life estates that has the potential to endure forever according to the rules of primogeniture;
   c. A determinable fee is a fee simple estate that will determine automatically on the occurrence of some specified event, the occurrence of which, is possible but not certain;
   d. In the case of a determinable fee, once the determining event occurs, the estate of the grantee is immediately terminated and the possibility of reverter takes automatic effect to confer the fee simple on the original grantor (or his successor in title if he is no longer alive).

Answer 4

b. A determinable fee consists of a succession of life estates that has the potential to endure forever according to the rules of primogeniture;

Question 5

5. With relation to modified fee simple estates, which of the following conditions is generally deemed as valid:
   a. A condition directs the grantee to marry;
   b. A condition which seeks to restrict the marriage of the grantee on religious grounds;
   c. Conditions which direct the practise of a particular religious faith;
   d. Conditions that are illegal or immoral.

Answer 5

a. A condition directs the grantee to marry

Question 6

6. Which of the following is accurate in relation to a fee tail estate:
   a. A fee tail consists of a succession of life estates that has the potential to endure forever according to the rules of primogeniture;
   b. A fee tail will only die out when the tenant in tail (the person in possession) dies without leaving any blood descendants.
   c. The property cannot be devised by a will and all that can be sold is the life estate of the person in possession;
   d. All of the above.

Answer 6

d. All of the above.

Question 7

7. Which of the following does not represent the correct words of limitation to create a fee tail:
   a. To A and the heirs of his body;
   b. To A in tail;
   c. To A in tail male;
   d. To A and his heirs apparent.

Answer 7

d. To A and his heirs apparent.

Question 8

8. Which of the following is not relevant in relation to a life estate;
   a. A life estate differs from the other freehold estates in that it is not an estate of inheritance;
   b. A life estate is created by using the words “To A and his heirs”
   c. A life estate is created by default where the words of limitation used have been insufficient to create a fee simple;
   d. An estate per autre vie cab be created expressly by making a grant “To A for the life of B” or where a life tenant transfers his interest to another person so that the grantee holds an estate for the life of the original tenant (cestui que vie).

Answer 8

b. A life estate is created by using the words “To A and his heirs”

Question 9

9. Which of the following is untrue:
   a. A person holding land under a fee farm grant holds for an estate in fee simple subject to a perpetual rent payable to the grantor and also subject to covenants and conditions;
   b. The Renewable Leasehold Conversion Act 1849 was passed in order to allow certain perpetual leasehold interests to be converted into fee simple.
   c. The type of fee farm grant created under Deasy’s Act is now obsolete;
   d. The Landlord and Tenant (Amendment) Act 1980 provided that any perpetually renewable leases that had not been converted under the 1949 Act were to be deemed as fee simple estates from 1980 onwards.

Answer 9

c. The type of fee farm grant created under Deasy’s Act is now obsolete

Question 10

10. Which of the following is correct in relation to trusts:
    a. Where a trust has arisen, there is a separation between the legal and equitable estates in the land;
    b. A trust can be created expressly or by implication;
    c. The historical precursor to the trust is the use, which involved the owner of land holding it “to the use” of another;
    d. All of the above.

Answer 10

d. All of the above.

Question 10

11. Which of the following represents a characteristic of an equitable interest;
    a. A person who has an equitable interest in property is entitled to bring proceedings to recover ownership of property;
    b. An equitable interest will bind a third party who takes possession of the property;
    c. A person who has an equitable interest can sell or assign that interest to another party. It can also be mortgaged or devised in a will;
    d. All of the above.

Answer 10

d. All of the above.

Question 11

12. Which of the following is not a type of notice as defined by the Conveyancing Act 1882:
    a. Actual notice;
    b. Imputed notice;
    c. Final notice;
    d. Constructive notice.

Answer 11

c. Final notice;

Question 12

13. The only one of the four unities which applies to a tenancy in common is the unity of:
    a. Possession;
    b. Interest;
    c. Title;
    d. Time.

Answer 12

a. Possession

Question 13

14. Which of the following is untrue in relation to joint tenancy:
    a. Where one joint tenant dies his or her interest in the property ceases and the remaining tenant continue to hold the property jointly between themselves;
    b. A joint tenancy is not forfeited even when one joint tenant is guilty of the unlawful killing of the other;
    c. To form a joint tenancy, each tenant must hold an identical interest in the land, and must acquire their interest by the same title;
    d. It is a rule that joint tenant must take vested interests at the same time.

Answer 13

b. A joint tenancy is not forfeited even when one joint tenant is guilty of the unlawful killing of the other

Question 14

15. Which of the following will sever a joint tenancy at law:
    a. Subsequent acquisition of another interest;
    b. Alienation by one joint tenant to a third party;
    c. Unilateral dealing;
    d. All of the above.

Answer 14

d. All of the above.

Question 15

16. Which of the following will not sever a joint tenancy at equity:
    a. Mutual agreement;
    b. Contract by one joint tenant with a third party;
    c. Course of dealing;
    d. None of the above.

Answer 15

b. Contract by one joint tenant with a third party.

Question 16

1. What is the effect of the Family Home Protection Act 1976;
   a. A conveyance of the family home without the prior written consent of the non-owning spouse is deemed to be void;
   b. A conveyance of the family home with the prior written consent of the non-owning spouse is deemed to be void;
   c. A conveyance of the family home without the prior written consent of the non-owning spouse is deemed to be voidable at the instance of the non-owning spouse;
   d. A conveyance of the family home without the prior written consent of the non-owning spouse is deemed to be voidable at the instance of a third party.

Answer 16

c. A conveyance of the family home without the prior written consent of the non-owning spouse is deemed to be voidable at the instance of the non-owning spouse

Question 17

2. Which of the following is deemed not to be a conveyance within the meaning of the 1976 Act:
   a. A judgement mortgage;
   b. Further advances of monies on foot of an equitable mortgage;
   c. A lease;
   d. A transfer.

Answer 17

a. A judgement mortgage

Question 18

3. Which of the following constitutes a family home within the meaning of the 1976 Act;
   a. A dwelling in which a married couple ordinarily reside;
   b. A dwelling in which a spouse whose protection is in issue ordinarily resides, or if that spouse has left the other spouse, ordinarily resided before leaving;
   c. A property where spouses are in actual residence but not necessarily in an intimate relationship;
   d. All of the above.

Answer 18

d. All of the above.

Question 19

4. The Family Law Act 1995 introduced a limitation period of how many years in respect of proceedins initiated under the 1976 Act by a non-owning spouse seeking to declare a conveyance void:
   a. 3 years;
   b. 4 years;
   c. 5 years;
   d. 6 years.

Answer 19

d. 6 years.

Question 20

5. The 1976 Act does not confer any proprietary interest on the non-owning spouse, but the non-owning spouse will definitely acquire an equitable interest in the property by virtue of a resulting trust in the following circumstance;
   a. Direct contributions;
   b. Indirect contributions;
   c. Improvements to property
   d. All of the above.

Answer 20

a. Direct contributions

Question 21

6. A right of residence is an auxillary right and is best understood as a kind of licence rather than an interest or estate in land. It has the effect of being a positive covenant and as such, where freehold land is concerned, the burden of the covenant:
   a. Will affect subsequent purchasers;
   b. Will not affect subsequent purchasers;
   c. Will create an equitable estate in the land;
   d. None of the above.

Answer 21

b. Will not affect subsequent purchasers

Question 22

7. A right of residence may be:
   a. Extinguished by a long absence;
   b. Can be varied by the owner;
   c. May be abandoned voluntarily if it is done expressly and freely or by effluxion of time;
   d. Valued on a capitalised basis.

Answer 22

c. May be abandoned voluntarily if it is done expressly and freely or by effluxion of time

Question 23

1. Which of the following is not an essential feature of an easement:
   a. There must be a dominant tenement and a servient tenement, and the right must accommodate the dominant tenement and be a burden to the servient tenement;
   b. The dominant and servient tenements must not be owned and occupied by the same person;
   c. The right must be capable of being the subject matter of a grant;
   d. All of the above.

Answer 23

d. All of the above.

Question 24

2. In general, a court is unlikely to recognise a particular right as an easement if the exercise of the right involves:
   a. Expenditure by the servient owner;
   b. If it is purely restrictive or negative in nature;
   c. If the exercise of the right is contrary to public policy;
   d. All of the above.

Answer 24

d. All of the above.

Question 25

3. The rule in Wheeldon V Burrows stipulates that on a grant of a piece of land, there will pass to a grantee all the easements which are necessary to the reasonable enjoyment of the property granted and which have been and are at the time of the grant used by the owners of the entirety for the benefit of the part granted. In order to arise by implication under the rule, the easement must be:
   a. Continuous and apparent; reasonably necessary for the enjoyment of the land; and in use by the grantor at the time of the grant.
   b. Continuous and apparent, reasonably necessary for the enjoyment of the land; and capable of beneficial use;
   c. Reasonably necessary for the enjoyment of the land; in use by the grantor at the time of the grant; and, evident on inspection;
   d. Capable of beneficial use, evident on inspection; and in use by the grantor at the time of the grant.

Answer 25

a. Continuous and apparent; reasonably necessary for the enjoyment of the land; and in use by the grantor at the time of the grant.

Question 26

4. Prescription dictates that the long and uninterrupted enjoyment of an easement or a profit as a right can give rise to an irrebuttable presumption of legality. It is an important principle that the user should have enjoyed the right as if he were fully entitled to it and without force, secrecy or permission. A claim at common law can be supported if it has been enjoyed for:

a. 5 years
b. 10 years
c. 20 years
d. 40 years

Answer 26

c. 20 years

Question 27

5. The Prescription (Ireland) Act 1858 sets out different periods of user that will give rise to an easement or profit by prescription:
   a. The shorter period sets out 10 years for easements and 20 years for profits, and the longer period sets out 30 years for easements and 40years for profits;
   b. The shorter period sets out 20 years for easements and 30 years for profits, and the longer period sets out 40 years for easement sand 60 years for profits;
   c. The shorter period sets out 30 years for easements and 40 years for profits, and the longer period sets out 50 years for easement sand 70 years for profits;
   d. The shorter period sets out 40 years for easements and 50 years for profits, and the longer period sets out 60 years for easement sand 80 years for profits.

Answer 27

b. The shorter period sets out 20 years for easements and 30 years for profits, and the longer period sets out 40 years for easement sand 60 years for profits

Question 28

6. An easement can be extinguised in the following ways:
   a. By statute, release, and, by non-user;
   b. By statute, release, by non-user, and by ownership and occupation of both tenements;
   c. By statute, release, and by ownership and occupation of both tenements;
   d. By statute and release.

Answer 28

b. By statute, release, by non-user, and by ownership and occupation of both tenements

Question 29

7. Which of the following is not a right oweing to a mortgagee:
   a. Power of sale;
   b. Appointment of a receiver;
   c. Right to redeem;
   d. Foreclosure.

Answer 29

c. Right to redeem

Question 30

8. Which of the following is not a right oweing to a morgagor:
   a. Right to redeem;
   b. Posession;
   c. Right to sell;
   d. Covenant to repay.

Answer 30

d. Covenant to repay.

Question 31

9. The right to enforce a convenant is known as the benefit of the covenant, while the obligations to comply with terms of a covenant is described as the burden. In the leading case of Gaw v CIE Dixon J set out three conditions necessary for the running of the benefit of a positive convenant with relation to freehold land. Which of the following is not one of these conditions:
   a. The successor in title that seeks to rely on the covenant must be in the same estate as the original covenantee;
   b. The covenant in question must be intended to endure for the benefit of the land even after a change in ownership;
   c. The successor in title must have an interest in the subject matter of the covenant independently of the covenant;
   d. The covenant must touch and concern the land of the covenantee.

Answer 31

b. The covenant in question must be intended to endure for the benefit of the land even after a change in ownership

Question 32

1. A bare licence is simply permission to use or occupy land unsupported by any consideration and it:
   a. Can be revoked at any time on reasonable notice;
   b. Is purely personal which means that it cannot be assigned;
   c. Does not usually confer exclusive possession upon the licencee;
   d. All of the above.

Answer 32

d. All of the above.

Question 33

2. A contractual licence is a licence which is supported by consideration and the licensor and licencee are therefore bound in a contractual relationship.
   a. The licence may not arise by implication where such a licence is necessary for the performance of a contract between the parties;
   b. The licence can only be revoked in accordance with the terms of the contract;
   c. The licence will bind third parties and successors in title of the licensor, only where they are on notice of its existence;
   d. The licence will bind third parties and successors in title of the licensor, even where they are not on notice of its existence.

Answer 33

b. The licence can only be revoked in accordance with the terms of the contract

Question 34

3. It is important to ascertain whether an agreement for the possession of land is a lease or a licence because a person holding under a lease will bind successors in title of his landlord and can avail of a number of important statutory protections. However a person holding under a mere licence enjoys neither of the these benefits.
   a. An important differentiating feature between a licence and a lease is the label placed on the agreement by the parties, and the court does not have to consider the true nature of the agreement;
   b. Where an agreement does not grant exclusive possession, it will almost always be construed as a lease;
   c. A lease in excess of one year may be made orally or in writing;
   d. The rule in Walsh v Lonsdale states that where there is a concluded contract to grant a lease and if the requirements of the Statute of Frauds have been satisfied or if there are any sufficient acts of part performance, then specific performance of the lease may be granted in order to enforce it.

Answer 34

d. The rule in Walsh v Lonsdale states that where there is a concluded contract to grant a lease and if the requirements of the Statute of Frauds have been satisfied or if there are any sufficient acts of part performance, then specific performance of the lease may be granted in order to enforce it.

Question 35

4. A tenement is defined in the Landlord and Tenant (Amendment) Act, 1980 as:
   a. A property which consists wholly or partly of buildings and in which any part of the property that is not so covered by buildings is subsidiary and ancillary to the buildings;
   b. A property which consists wholly of buildings and in which no part of the property is not so covered;
   c. A property which consists partly of buildings and in which any part of the property that is not so covered by buildings is additional and contributory to the buildings;
   d. None of the above.

Answer 35

a. A property which consists wholly or partly of buildings and in which any part of the property that is not so covered by buildings is subsidiary and ancillary to the buildings

Question 36

5. The two important statutory rights contained in the landlord and tenant legislation for those holding land under a lease are the right to require a reversionary lease or the fee simple estate and the right to a tenancy. There are two essential preconditions to the exercise of either of these rights:
   a. That the applicant has a lease evidenced in writing and has satisfied all the covenants of the lease;
   b. That the applicant can reasonably be said to be holding under a lease and the applicant has satisfied all the covenants of the lease;
   c. That the applicant is holding under a lease and that the property comprises a tenement within the meaning of the Act.
   d. None of the above.

Answer 36

c. That the applicant is holding under a lease and that the property comprises a tenement within the meaning of the Act.

Question 37

6. A tenant can acquire the right to be granted a new tenancy where he can show one of the following situations:
   a. Where he can show that he has been in continuous occupation of the tenement for a period of five years and has used the premises bona fide for business purposes. Temporary breaks in the period of occupation can be overlooked;
   b. Where he can show that he has been in occupation of the property for any purpose for a continuous period of twenty years;
   c. Where he can show that he has carried out improvements to the property that account for more than fifty per cent of its current market value.
   d. All of the above

Answer 37

d. All of the above

Question 38

7. Section 52 of Deasy’s Act provides that a tenancy will be terminated by the Court when the following conditions are satisfied:
   a. There are arrears of six months of rent, the tenancy is a monthly tenancy or a tenancy for a fixed term of a year or more; the tenant has not acquired the right to purchase the fee simple; and the tenant has not produced the outstanding rent before the matter has come to court.;
   b. There are arrears of six months of rent, the tenancy is a yearly tenancy or a tenancy for a fixed term of a year or more; the tenant has not acquired the right to purchase the fee simple; the tenant has not produced the outstanding rent before the matter has come to Court; and the tenant does not apply for or get an order of restitution within six months of the ejectment order being granted by the Court;
   c. There are arrears of one year of rent, the tenancy is a yearly tenancy or a tenancy for a fixed term of a year or more; the tenant has not acquired the right to purchase the fee simple; the tenant has not produced the outstanding rent before the matter has come to Court; and the tenant does not apply for or get an order of restitution within six months of the ejectment order being granted by the Court;
   d. There are arrears of one year of rent; the tenancy is a yearly tenancy or a tenancy for a fixed term of a year or more; the tenant has not acquired the right to purchase the fee simple; the tenant has not produced the outstanding rent before the matter has come to Court; and the tenant does not apply for an order of restitution within one year of the ejectment order being granted by the Court;

Answer 38

c. There are arrears of one year of rent, the tenancy is a yearly tenancy or a tenancy for a fixed term of a year or more; the tenant has not acquired the right to purchase the fee simple; the tenant has not produced the outstanding rent before the matter has come to Court; and the tenant does not apply for or get an order of restitution within six months of the ejectment order being granted by the Court

Question 39

8. A Notice to Quit is the usual way of bringing a periodic tenancy to an end.
   a. There is a mandatory format for a notice to quit;
   b. The notice to quit must always be in writing;
   c. The notice should make an explicit demand of the tenant for the recovery of the possession of the premises at the expiry of the stated period;
   d. The extent of the notice period is not determined by the particular type of periodic tenancy in question.

Answer 39

c. The notice should make an explicit demand of the tenant for the recovery of the possession of the premises at the expiry of the stated period

Question 40

1. The practice among solicitors is that any correspondence between vendor and purchaser prior to the contract for the sale of land should be marked with the words “Subject to Contract/Contract Denied”.
   a. The return of a contract signed by the purchaser is an offer to purchase and is not deemed to be an acceptance of a prior offer;
   b. The return of a contract signed by the purchaser is merely an invitation to treat and is not deemed to be an offer to buy;
   c. The return of a contract signed by the purchaser is an acceptance of the offer to purchase, and the contract comes into existence at this point;
   d. The return of the contract signed by the vendor is an invitation to treat and is not deemed to be an offer of sale.

Answer 40

a. The return of a contract signed by the purchaser is an offer to purchase and is not deemed to be an acceptance of a prior offer

Question 41

2. The general rule in relation to the physical condition of the land is caveat emptor, meaning ‘buyer beware’:
   a. This places an absolute onus on the purchaser to satisfy himself at to the physical condition of the land under sale;
   b. The vendor is not under any duty at law to disclose physical defects in the land, unless the purchaser has the property surveyed;
   c. There is no onus on the purchaser to examine the planning status of adjoining properties, or to consider whether local authority projects such as road-widening are likely to effect the property;
   d. The vendor is held to give a warranty as to the water supply to the propery.

Answer 41

a. This places an absolute onus on the purchaser to satisfy himself at to the physical condition of the land under sale

Question 42

3. The vendor is obliged to provide an accurate legal description of the property i.e. freehold or leasehold and so on:
   a. It has been held that if the vendor is silent with regard to the matter, he is deemed to contract to sell the fee simple in possession with incumbrances;
   b. It has been held that if the vendor is silent with regard to the matter, he is deemed to contract to sell the fee simple in possession free from incumbrances;
   c. It has been held that if the vendor is silent with regard to the matter, the contract is null and void;
   d. It has been held that if the vendor is silent with regard to the matter, the contract is voidable at the instance of the purchaser.

Answer 42

b. It has been held that if the vendor is silent with regard to the matter, he is deemed to contract to sell the fee simple in possession free from incumbrances

Question 43

4. In relation to the question of persons other than the vendor who may be in occupation of the land:
   a. The onus is on the vendor to disclose the rights or interests of those in occupation;
   b. The fact of occupation puts a purchaser on constructive notice of the rights and interests of those in occupation;
   c. If both the vendor and purchaser remain silent in relation to the question, then the purchaser is held to take the land free of all existing rights;
   d. None of the above.

Answer 43

b. The fact of occupation puts a purchaser on constructive notice of the rights and interests of those in occupation

Question 44

5. In relation to the vendor’s duty to disclose:
   a. The vendor’s duty of disclosure relates only to defects in the title and not to physical defects on the land;
   b. The vendor is not under a duty to disclose patent defects in the title;
   c. The vendor has a duty to disclose latent defects in the title, that is, those defects which are not obvious to the eye from an inspection of the property;
   d. All of the above.

Answer 44

d. All of the above.

Question 45

1. The following is not generally regarded as a good root of title:
   a. A conveyance, assignment, or lease for value;
   b. A settlement in consideration of marriage;
   c. A legal mortgage in fee simple;
   d. A general devise in a will.

Answer 45

d. A general devise in a will.

Question 46

3. In modern closed contracts, the recommended practice of the Conveyancing Committee of the Law Society is that a minimum period of how many years title should be offered and sought under a closed contract:
   a. 5 years
   b. 10 years
   c. 15 years
   d. 20 years

Answer 46

a. 5 years

Question 47

4. In deducing a title, whether freehold or leasehold, the vendor or purchaser is assisted by a number of important statutory provisions:
   a. Section 2 of the Vendor Purchaser Act 1974 provides that statements or recitals in deeds or other documents that are more than 20 years old at the date of sale can be accepted as being true, unless there is evidence to the contrary. This means that where certain acts or steps in the title are recited in a deed that is over 20 years old, it can be accepted that this is what happened and the vendor will not be required to produce supporting evidence;
   b. Section 3(4) of the Conveyancing Act 1881 provides that the production by a vendor of the last receipt for rent payable under a lease is acceptable as conclusive evidence that he has complied with the terms and covenants and conditions of the lease, unless the contrary is proven;
   c. Section 56 of the Conveyancing Act 1881 provides that a clause in a conveyance confirming the receipt of the purchase monies by the vendor gives a discharge to the persons paying the consideration and allows the solicitor for the vendor to collect the consideration in exchange for the executed deed and to give a valid receipt for it.
   d. All of the above

Answer 47

d. All of the above

Question 48

5. Which of the following is untrue:
   a. A deed without revenue stamping cannot be used as evidence in Court and therefore, is not a good link in a chain of title;
   b. An undated deed is invalid at law;
   c. The ‘Particulars Delivered’ stamp is a requirement of every deed with the exception of conveyances of the family home from one spouse into the joint names of husband and wife;
   d. If the property is a family home the prior consent of a non-owning spouse should be endorsed at the foot of the deed and such consent should be signed prior to the deed being executed by the vendor.

Answer 48

b. An undated deed is invalid at law