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.
These questions have been drawn up with a view to assisting students in mastering the principles of the Law of Real Property, and in testing their knowledge of that subject by reference to the pages of the present work. They are not, therefore, necessarily such questions as it would be fair to set in an examination, though most of them would probably be suitable for that purpose.
1. Give some account of the feudal system.
2. What is the meaning of the word heir? How does the heir differ from the devisee?
3. Upon whom did (a) land, (b) chattels, formerly devolve in the first place upon a man's death? What alteration has recent legislation made as to this?
5. How do you distinguish between real property and personal property?
6. What is the legal meaning of acquiring lands by purchase?
7. In what senses is the term "common law " used?
8. Explain the terms " tenants in capite," estate, fee, enfeoffment, freehold, chattels real, seisin.
1. What various estates in land now exist?
2. How did freehold tenure differ from villein tenure under the feudal system?
3. What is villein tenure called at the present day? Classify the forms of freehold estates existing under William the Conqueror.
4. What estates now come under the heading " freehold "?
1. What led to the passing of the Statute Quia Emptores, and what was its effect?
2. What forms of socage tenure remain to-day?
3. State the services due from a tenant to the lord of the seignory, (a) at the time of William I., (b) at the present day.
4. What are the distinguishing features of, (a) gavel-kind tenure, (b) Borough English?
5. What were the services due to the lord from a tenant in knight service?
6. Explain Grand Serjeanty, petty serjeanty, scutage, frankalmoign.
1. Trace the steps by which a tenant in fee-simple acquired the rights of alienation, (a) inter vivos, (b) by will. Are there now any exceptions to this right?
2. How far can corporations hold lands?
3. What is the effect of a conveyance of land for charitable purposes, (a) by deed, (b) by will? What formalities must be complied with in each case?
4. What words would be necessary to convey land to a person in fee-simple, (a) before 1881, (b) after 1881?
5. Explain the meaning of "a corporation never dies," "corporation sole," "corporation aggregate," "mortmain."
1. What was the effect of a gift of land to A and the heirs of his body, (a) before, (b) after the Statute De donis con-dilionalibus?
2. Explain the object and procedure of a common recovery. In what respects did it differ from a fine? By what Statute were they both abolished?
3. How may an entail now be barred?
4. Who is "the protector of a settlement"? When does a tenant in tail require his consent to bar the entail, and what effect has a deed executed without his consent?
5. Give the outlines of a modern settlement of land.
6. Explain the terms " reversioner," " tenant to the praecipe," "tail special," "tail general," "base fee," "tenant in tail after possibility of issue extinct."
1. What is the present effect of a grant of land to X, (a) in a will, (b) in a deed?
2. What powers has a tenant for life, (a) to commit waste, (b) to alienate the land which he holds?
3. To what extent can a tenant for life, (a) make leases, (b) do repairs, either at Common Law or under the Settled Land Acts?
4. Can a tenant for life cut and sell timber, (a) when impeachable, (b) when unimpeachable, for waste?
5. Give the leading features of a tenancy pur autre vie. Who was the " general occupant "in this connection, and how was the office abolished?
6. What are "voluntary waste," and "permissive waste," "heirlooms," " salvage," and "trustees," for the purposes of the Settled Land Acts.
1. Distinguish joint tenancy and tenancy in common: in favour of which does equity lean? What is meant by the "four unities of joint tenancy"?
2. What is the effect of a grant of land to A and B and the heirs of their bodies?
3. How can a joint tenancy be severed'?
4. What is meant by the right of a joint tenant to a partition? What powers are given to the Court under the Partition Act, 1868, to decree a sale instead of a partition?
1. What were the old forms of action to recover (a) the property in land, (b) the possession of land?
2. Explain the Assize of novel disseisin, and the Assize of mort d'ancestor.
3. Show by what steps leaseholders acquired the right to recover possession, and how freeholders adopted the same remedies?
4. What forms of relief are now open to a claimant to land?
1. For what reasons did "trusts" originally come into existence? And how did the Court of Chancery enforce them?
2. Give instances showing how trusts were created, (a) to convey lands into mortmain, (b) to bar dower.
3. Why was the Statute of Uses passed, and what were its provisions?
1. Did the Statute of Uses apply where land was granted, (1) to B for 100 years, to the use of A for life; (2) to B for life, in trust for A for 100 years; (3) unto A to the use of A; (1) to A and his heirs, to the use of Cambridge University; (5) to Cambridge University, to the use of A and his heirs; (6) to B to the use that he shall collect the rents and profits and pay them to A. State in each case who takes the legal estate.
5. What was the decision in Jane Tyrrel's case, and how did it affect the Statute of Uses'?
6. How far are equitable estates governed by the same rules as legal estates?
7. Upon whom does the estate of a trustee now devolve, (1) if he has co-trustees, (2) if he is a sole trustee.