This section is from the book "Real Property, An Introductory Explanation Of The Law Relating To Land", by Alfred F Topham. Also available from Amazon: The New Law Of Property.
4. What is the cy-pres doctrine and how is it applied in this connection?
1. What limits are placed by statute upon the accumulation of income?
2. How long may income be directed to be accumulated for the purchase of land?
3. Are there any cases in which the above limits may be exceeded?
4. If a testator gives a direction to accumulate which exceeds the prescribed limits, is any effect given to it? How does the rule against accumulation differ in this respect from the rule against perpetuities?
1. Distinguish a reversion and a remainder.
3. What is an executory interest, and how may it be created? Give instances.
4. How may future estates now be transferred?
5. What estate (if any) is taken by C in the following cases: (a) grant of fee-simple by C to B for life, (b) grant by A of fee-simple to B for life, and after his death to C, (c) grant of fee-simple to A and his heirs to the use of B and his heirs until the marriage of C, and then to C and his heirs '?
1. What rights belong to the reversioner which do not belong to the remainderman?
2. Explain the terms "particular estate," "distress," "attornment."
1. Explain the meaning of "merger." When can it take place?
2. What is the rule in Shelley's case?
3. Land is granted, (a) "to A for life, remainder to B for life, remainder to the heirs of A "; (b) " to A for 50 years, if he shall so long live, with remainder to the heirs of A "; (c) " to B for life with remainder to the heirs of A." What estate does A take in each case?
4. Does the rule in Shelley's case apply to executory trusts?
1. What rules at Common Law were applicable to contingent remainders?
2. How has Statute Law modified these rules?
3. To what extent does the rule against Perpetuities affect contingent remainders, (a) before 1877, (b) at the present day?
4. What is the effect of the following grants: (a) to A for life with remainder to the first son of A who shall reach 35; (b) to A for life (a bachelor), remainder to his eldest son for life, with remainder to the eldest son of A's eldest son; (c) to A for life, remainder to his first son who should reach 21, remainder to B in fee-simple?
1. Trace the growth of executory interests up to the present day.
2. Distinguish Common Law powers, powers under the Statute of Uses and equitable powers.
3. When is a power said to be "collateral," and when to be "appendant"? What is the meaning of a power "collateral and in gross "?
4. How is (a) a general power, (i) a special power, affected by the rule against Perpetuities?
5. Under what circumstances can an appointment be set aside, (a) as a fraud on a power, (β) on the ground that the power has been defectively exercised?
6. A has power to appoint by deed. He appoints by will. Will the appointment be enforced? Would your answer be the same if A had power to appoint by will and he appointed by deed?
1. What methods were resorted to before 1790 to bar dower? What was the objection to each?
2. What method was introduced by Eearne?
1. Give instances of incorporeal hereditaments: what is the difference between rights appendant and appurtenant?
2. Explain "rent service," "rent charge," "quit rent," "rent seek": which of these exist to-day?
4. How can easements be destroyed?
5. Give briefly the provisions of the law relating to advow-sons.
6. What is "tithe": how can its payment be enforced?
1. Give a brief history of copyhold tenure from early times.
2. How is an estate in copyhold transferred, and what services are due from the new tenant?
3. What is the effect of a gift of copyhold lands, (a) to A and his heirs, (b) to A and the heirs of his body?
4. When can copyhold be enfranchised, (a) at common law, (b) by statute: how do the two methods differ in effect?
5. As a general rule copyholds pass on the death of the tenant in the same way as freeholds: what exceptions are there to this rule'?
6. How does a contingent remainder of copyholds differ from a contingent remainder of freeholds? Does the Contingent Remainders Act, 1877, apply to the former?
1. What is a tenancy from year to year, and what notice is necessary to terminate it?
2. How far is (a) writing, (b) writing under seal, necessary for the creation of a lease, and how far desirable? What is the doctrine as to this in Walsh v. Lonsdale?
3. In what ways may a lease be determined?
4. When will the Court grant relief against forfeiture to a tenant who has committed a breach of a covenant in a lease, (a) to pay rent, (b) not to sublet or assign the lease, (c) against the bankruptcy of the tenant, (d) in any other case?
5. How does an assignment by a tenant of his lease differ in its effect from a sub-lease?
6. What classes of covenants by lessors and lessees "run with the land" at common law and in equity so as to bind the assigns of the covenantor? Is an assignee bound by a covenant by the lessee, (a) not to carry on a certain business on the premises, (b) to build a wall on the premises, (c) to repair?
7. How can the personal representatives of a deceased tenant avoid liability to perform the covenants of the lease?
8. What is the usual object of creating " long terms of years," and how were they dealt with by the Satisfied Terms Act, 1845?
9. When was a term assigned in trust to attend the inheritance? Is this necessary now?