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.
10. Under what circumstances can a tenant under a long term of years change it into a fee-simple?
11. Explain the terms - tenancy by sufferance, tenancy at will, proviso for cesser, privity of estate.
2. Explain the rule "quicquid plantatur solo, solo cedit": how far does the rule apply on the death of the tenant for life, (a) as between the heir and the next of kin, (b) as between his executors and the remainderman entitled to the land?
3. "What exceptions have grown up to the rule that as between landlord and tenant all fixtures belong to the landlord?
1. How did common law and equity formerly differ in their treatment of a mortgage, and which rule prevails now?
2. Give in outline the form of an ordinary mortgage deed.
3. What rights has a mortgagee against a mortgagor,. (a) to sell, (b) to lease, the mortgaged property? Under what circumstances can he exercise these rights? Is the leave of the Court necessary in either case?
4. What is the mortgagee's right of "foreclosure"? What is meant by reopening foreclosure?
5. How is the maxim "once a mortgage always a mortgage" applied? In what ways can the rights of the mortgagor to redeem be put an end to in spite of this maxim?
6. What powers has a mortgagor, (a) to sell, (b) to lease, the mortgaged property?
7. To whom do the estates of the mortgagor and mortgagee respectively descend on death? How has the law been altered in this respect?
8. In what ways can an equitable mortgage be created? What rights has an equitable mortgagee against his mortgagor?'
9. What is meant by "tacking" as applied to mortgages, and how does the equitable doctrine of "notice" apply to it?
10. Distinguish "tacking" from "consolidating" mortgages. Can the right to consolidate still be reserved in spite of the Conveyancing Act, 1881, and if so, how?
11. How would you mortgage leasehold property? Explain the advantages of your method.
12. In what way can copyhold land be mortgaged?
13. Explain the terms - joint account clause, contributory mortgage, sub-mortgage, constructive notice.
1. In what length of time will a person acquire a title to land by possession, (a) as against the true owner, (b) as against all others? How does the case of land differ from personalty?
2. What allowance is made by statute, protecting the true owner's rights against wrongful possession, if he is under a disability?
3. Land is granted to X for life, remainder to A in fee-simple; within what period must A bring his action for wrongful possession against C, (a) if C takes possession on the death of X, (b) if C takes possession nine years before the death of X?
4. How can a "base fee" be enlarged into a fee-simple by lapse of time?
5. What else besides disability will prevent the Statute of Limitations from running against the true owner?
1. Distinguish limitation and prescription. On what rule is the latter founded, and what two kinds of prescription are there?
2. How could a prescriptive right be defeated, (a) before 1832, (b) since 1832?
3. What user will entitle A to an absolute right (a) to quarry stone on B's land, (b) to walk over B's land, (c) to prevent B from obstructing the light to his windows? Will any disability upon the part of B to sue be taken into consideration?
4. What amount of light is A in the above case (3 c) entitled to at the end of 20 years?
5. What special rights has a reversioner in the case of a way or a watercourse even though the 40 years has expired?
6. Can the above rights once acquired be lost by non-user? If so, to what extent must non-user be shown?
1. What is necessary to constitute a valid contract for the sale of land?
2. What is an "open contract" for the sale of land, and what length of title must the vendor show in the case of a sale under such a contract, (a) of freeholds, (β) of copyholds, (δ ) of leaseholds?
3. What rights has the buyer of land against the seller if the contract falls through, (a) owing to the seller's refusal to complete, (b) owing to a defect in the title?
4. Is the seller under any circumstances entitled to retain the title deeds? If so, what rights has the buyer to demand production of them?
5. What is the rule as between buyer and seller as to proof of the contents of documents 20 years old?
6. What are the rights as between buyer and seller from the date of the contract to the completion of the conveyance?
1. What covenants are implied where a person conveys land "as beneficial owner," (a) on a sale of freehold, (b) on a sale of leasehold, (c) on a mortgage of freehold, (d) on a mortgage of leasehold'?
2. What covenants are implied where a person conveys, (a) as settlor, (8) as trustee?
1. What claims against an owner of land are required to be registered under the Land Charges Act, 1900? What is the effect of non-registration?
2. What provisions for registration are made by the Yorkshire Registry Act and the Middlesex Registry Act? How do they differ in the results of non-registration?
3. What registers are kept under the Land Registry Act, 1897? Under that Act how does an absolute title differ from a possessory title?
4. In what cases in the County of London is the registration. of title compulsory?
1. What forms of duty are now payable on the death of any person entitled to property?
2. What is succession duty? When is the claim to it barred by lapse of time?
3. What exemptions are there, (a) from succession duty, (β) from estate duty?
4. What is settlement estate duty and when is it payable? What persons are exempt from it?