CILEx L3 Land Law Basics 2

Question 1

What must a valid express trust of land contain?

Accepted Answer

Certainty of intention, certainty of subject matter, and certainty of objects

Answer

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?

Accepted Answer

Where two or more people hold title to the same piece of land simultaneously

Answer

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?

Accepted Answer

Joint tenants own the whole property together with no individual shares; tenants in common hold distinct shares

Answer

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?

Accepted Answer

On the death of a joint tenant, their interest automatically passes to the surviving joint tenants

Answer

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?

Accepted Answer

The act of converting a joint tenancy into a tenancy in common, typically by written notice to the other co-owners

Answer

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.

CILEx Level 3 Practice Test

CILEx Level 3 Practice Test

CILEx L3 Land Law Basics 2