CILEx L3 Land Law Basics 2 — Questions and Answers
Question 1: What must a valid express trust of land contain?
- Certainty of intention, certainty of subject matter, and certainty of objects (Correct answer)
- A written declaration signed by the settlor
- Registration at the Land Registry
- Consent of all beneficiaries
Correct answer: Certainty of intention, certainty of subject matter, and certainty of objects
For a valid express trust, the three certainties are required: (1) certainty of intention (clear intention to create a trust), (2) certainty of subject matter (the trust property must be identifiable), and (3) certainty of objects (the beneficiaries must be ascertainable).
Question 2: What is 'co-ownership' of land in English law?
- Where two or more people hold title to the same piece of land simultaneously (Correct answer)
- Where two people own adjacent pieces of land
- Ownership of land by a company with multiple shareholders
- Where land is shared between a freeholder and leaseholder
Correct answer: Where two or more people hold title to the same piece of land simultaneously
Co-ownership arises where two or more people hold simultaneous ownership of the same piece of land. In English law, co-ownership of the legal estate is always as a joint tenancy; co-ownership of the equitable interest may be either joint tenancy or tenancy in common.
Question 3: What is the difference between a 'joint tenancy' and a 'tenancy in common' in land law?
- Joint tenants own the whole property together with no individual shares; tenants in common hold distinct shares (Correct answer)
- Joint tenancy is for couples only; tenancy in common is for business partners
- Joint tenancy cannot be severed; tenancy in common can
- Joint tenancy only applies to leasehold; tenancy in common to freehold
Correct answer: Joint tenants own the whole property together with no individual shares; tenants in common hold distinct shares
Joint tenants own the whole property together (the right of survivorship applies — on death, their interest passes to the survivors). Tenants in common hold distinct shares that can be unequal and pass under their will or intestacy.
Question 4: What is the 'right of survivorship' (jus accrescendi) in joint tenancy?
- On the death of a joint tenant, their interest automatically passes to the surviving joint tenants (Correct answer)
- The last surviving joint tenant inherits the entire property free of any burdens
- A joint tenant can pass their share by will to anyone
- The survivor must buy out the deceased's share at market value
Correct answer: On the death of a joint tenant, their interest automatically passes to the surviving joint tenants
Jus accrescendi (the right of survivorship) means that when a joint tenant dies, their interest in the property automatically vests in the surviving joint tenant(s) — it cannot be left by will.
Question 5: What is 'severance' of a joint tenancy?
- The act of converting a joint tenancy into a tenancy in common, typically by written notice to the other co-owners (Correct answer)
- The physical division of the land between co-owners
- The termination of a co-ownership arrangement
- The sale of a co-owner's share to a third party
Correct answer: The act of converting a joint tenancy into a tenancy in common, typically by written notice to the other co-owners
Severance converts the severing joint tenant's interest into a tenancy in common (so the right of survivorship no longer applies to their share). Under s.196 LPA 1925, severance can be achieved by written notice to all other joint tenants.
Question 6: What is a 'restrictive covenant' in land law?
- A negative obligation that restricts how land is used, which can bind successors in title (Correct answer)
- A positive obligation requiring the landowner to do something
- A planning permission condition attached to a property
- A term in a lease restricting the tenant's use of the premises
Correct answer: A negative obligation that restricts how land is used, which can bind successors in title
A restrictive covenant is a negative obligation imposed on land (e.g., not to build, not to use for commercial purposes) that, if it meets the requirements of Tulk v Moxhay [1848], can bind successor owners of the burdened land in equity.
CILEx L3 Land Law Basics 2
What must a valid express trust of land contain?