Question 1

A fixed term lease of Torrens Title land for more than three years must be registered to be valid.

Accepted Answer

A) True 
 B)False

Question 2

Indefeasibility of title means that the registered proprietor holds the land free from all registered interests.

Accepted Answer

A) True 
 B)False

Question 3

Which of the following is NOT one of the remedies of a mortgagee?

Accepted Answer

A)  Register a caveat to protect their interest. 
B)  Sue the mortgagor personally for the debt. 
C)  Exercise power of sale over the mortgaged land. 
D)  Foreclose and acquire ownership of the mortgaged land. 
A)  Register a caveat to protect their interest. 
B)  Sue the mortgagor personally for the debt. 
C)  Exercise power of sale over the mortgaged land. 
D)  Foreclose and acquire ownership of the mortgaged land.

Question 4

Assuming Jack and Jill own land as tenants in common, which of the following statements is correct?

Accepted Answer

A)  If Jack dies before Jill leaving no will, his interest in the land would be distributed according to the law of intestacy. 
B)  If Jill dies before Jack, Jack would be entitled to purchase Jill's interest in the land at valuation. 
C)  If Jill dies before Jack, her interest would be distributed according to her will. 
D)  All of the above. 
A)  If Jack dies before Jill leaving no will, his interest in the land would be distributed according to the law of intestacy. 
B)  If Jill dies before Jack, Jack would be entitled to purchase Jill's interest in the land at valuation. 
C)  If Jill dies before Jack, her interest would be distributed according to her will. 
D)  All of the above.

Question 5

When exercising the power of sale, a mortgagee has a duty to take reasonable steps to obtain a fair price.

Accepted Answer

A) True 
 B)False

Question 6

Which of the following is an equitable, rather than a legal mortgage?

Accepted Answer

A)  A registered mortgage of Torrens title land. 
B)  A conveyance of common law system land to the mortgagee. 
C)  An unregistered mortgage of Torrens title land. 
D)  None of the above. 
A)  A registered mortgage of Torrens title land. 
B)  A conveyance of common law system land to the mortgagee. 
C)  An unregistered mortgage of Torrens title land. 
D)  None of the above.

Question 7

Which of the following is NOT an exception to indefeasibility of title?

Accepted Answer

A)  A tenant under a lease for less than 3 years. 
B)  The rights of a beneficiary under a trust. 
C)  A person who has adverse possession of the land. 
D)  An owner who purchased the land from a previous owner who obtained title by fraud. 
A)  A tenant under a lease for less than 3 years. 
B)  The rights of a beneficiary under a trust. 
C)  A person who has adverse possession of the land. 
D)  An owner who purchased the land from a previous owner who obtained title by fraud.

Question 8

If a tenant is in breach of their lease, the landlord may evict them and seize their furniture to compensate for any rent owing.

Accepted Answer

A) True 
 B)False

Question 9

If a residence is partly used for business purposes, the residential tenancies legislation will cease to apply.

Accepted Answer

A) True 
 B)False

Question 10

The case of Ranger v Griffin (1967) 87 WN 531 is authority for the principle that:

Accepted Answer

A)  An owner in control of land is entitled to possessory title of anything found on it. 
B)  An employee who finds goods in the course of their employment must give them to their employer. 
C)  Mere possession of goods gives the possessor a form of ownership enforceable against everyone but the true owner. 
D)  Continuous, long-term exclusive possession of land by a non-owner entitles them to a possessory title. 
A)  An owner in control of land is entitled to possessory title of anything found on it. 
B)  An employee who finds goods in the course of their employment must give them to their employer. 
C)  Mere possession of goods gives the possessor a form of ownership enforceable against everyone but the true owner. 
D)  Continuous, long-term exclusive possession of land by a non-owner entitles them to a possessory title.

Question 11

Chattels that were once moveable but have subsequently become attached to the land in a way that makes them part of the land are called real chattels.

Accepted Answer

A) True 
 B)False

Question 12

To what extent has the High Court's decision in the Mabo Case been modified by subsequent legislation?

Accepted Answer

The questi

Question 13

Which of the following is the best description of an arrangement whereby Bruce allows his neighbor, Adam, to build a driveway across Bruce's land?

Accepted Answer

A)  The granting of a lease by Bruce to Adam. 
B)  The granting of an easement by Bruce to Adam. 
C)  The granting of a life estate by Bruce to Adam. 
D)  The granting of a restrictive covenant by Bruce to Adam. 
A)  The granting of a lease by Bruce to Adam. 
B)  The granting of an easement by Bruce to Adam. 
C)  The granting of a life estate by Bruce to Adam. 
D)  The granting of a restrictive covenant by Bruce to Adam.

Question 14

A strata title is evidence of ownership of a lot on a horizontal subdivision of land and/or airspace.

Accepted Answer

A) True 
 B)False

Question 15

The Torrens system of title has a number of advantages over the old common law system of title. What are they?

Accepted Answer

The questi

Question 16

According to the Mabo case, which form of land ownership will extinguish native title?

Accepted Answer

A)  Vacant Crown land. 
B)  Beaches. 
C)  Freehold title. 
D)  National parks. 
A)  Vacant Crown land. 
B)  Beaches. 
C)  Freehold title. 
D)  National parks.

Question 17

The case of Perry v Clissold [1907] AC 73 is authority for the principle that:

Accepted Answer

A)  An owner in control of land is entitled to possessory title of anything found on it. 
B)  An employee who finds goods in the course of their employment must give them to their employer. 
C)  Mere possession of goods gives the possessor a form of ownership enforceable against everyone but the true owner. 
D)  Continuous, long-term exclusive possession of land by a non-owner entitles them to a possessory title. 
A)  An owner in control of land is entitled to possessory title of anything found on it. 
B)  An employee who finds goods in the course of their employment must give them to their employer. 
C)  Mere possession of goods gives the possessor a form of ownership enforceable against everyone but the true owner. 
D)  Continuous, long-term exclusive possession of land by a non-owner entitles them to a possessory title.

Question 18

Which of the following statements about common law title is NOT correct?

Accepted Answer

A)  A system of deed registration provides protection of the owner's rights. 
B)  Any break in the chain of documents can deprive the owner of a good title. 
C)  Common law title is established by a series of deeds. 
D)  A mortgage of common law title involves transfer of the title to the lender. 
A)  A system of deed registration provides protection of the owner's rights. 
B)  Any break in the chain of documents can deprive the owner of a good title. 
C)  Common law title is established by a series of deeds. 
D)  A mortgage of common law title involves transfer of the title to the lender.

Question 19

Assuming Jack and Jill own land as joint tenants, which of the following statements is correct?

Accepted Answer

A)  If Jill dies before Jack, Jack would be entitled to purchase Jill's interest in the land at valuation. 
B)  If Jack dies before Jill leaving no will, his interest in the land would be distributed according to the law of intestacy. 
C)  If Jack dies before Jill, his interest in the land would pass to Jill, the survivor. 
D)  If Jill dies before Jack, her interest would be distributed according to her will. 
A)  If Jill dies before Jack, Jack would be entitled to purchase Jill's interest in the land at valuation. 
B)  If Jack dies before Jill leaving no will, his interest in the land would be distributed according to the law of intestacy. 
C)  If Jack dies before Jill, his interest in the land would pass to Jill, the survivor. 
D)  If Jill dies before Jack, her interest would be distributed according to her will.

Question 20

A lease of an apartment is classified as:

Accepted Answer

A)  A chattel real. 
B)  A chose in action. 
C)  A chose in possession. 
D)  A chattel personal. 
A)  A chattel real. 
B)  A chose in action. 
C)  A chose in possession. 
D)  A chattel personal.

Exam 27: Property and mortgages

A fixed term lease of Torrens Title land for more than three years must be registered to be valid.

Indefeasibility of title means that the registered proprietor holds the land free from all registered interests.

Which of the following is NOT one of the remedies of a mortgagee?

Assuming Jack and Jill own land as tenants in common, which of the following statements is correct?

When exercising the power of sale, a mortgagee has a duty to take reasonable steps to obtain a fair price.

Which of the following is an equitable, rather than a legal mortgage?

Which of the following is NOT an exception to indefeasibility of title?

If a tenant is in breach of their lease, the landlord may evict them and seize their furniture to compensate for any rent owing.

If a residence is partly used for business purposes, the residential tenancies legislation will cease to apply.

The case of Ranger v Griffin (1967) 87 WN 531 is authority for the principle that:

Chattels that were once moveable but have subsequently become attached to the land in a way that makes them part of the land are called real chattels.

To what extent has the High Court's decision in the Mabo Case been modified by subsequent legislation?

Which of the following is the best description of an arrangement whereby Bruce allows his neighbor, Adam, to build a driveway across Bruce's land?

A strata title is evidence of ownership of a lot on a horizontal subdivision of land and/or airspace.

The Torrens system of title has a number of advantages over the old common law system of title. What are they?

According to the Mabo case, which form of land ownership will extinguish native title?

The case of Perry v Clissold [1907] AC 73 is authority for the principle that:

Which of the following statements about common law title is NOT correct?

Assuming Jack and Jill own land as joint tenants, which of the following statements is correct?

A lease of an apartment is classified as:

Legal Foundations

Origins of Australian Law

Legal Systems

How Law Is Made: Precedentstatute Law

Civil Liability: The Law of Torts and Negligence

Applications of Negligence to Business

Introduction to Contracts

Agreement Between the Parties

Intention to Create Legal Relations

Consideration

Capacity of the Parties

Genuine Consent

Is the Contract Legal

Terms of the Contract

Rights and Liabilities of the Parties, Discharge and Remedies

Remedies in Contract

Statutory Consumer Guarantees and the Australian Consumer Law

General and Specific Consumer Protections Under the Acl

Agency

Introduction to Companies and Incorporated Associations

Partnerships

Choosing a Business Entity

Other Business-Related Torts

Insurance

Sale of Goods

Electronic commerce

Intellectual propert

Ethics and business practice

Criminal law in a business context

Restrictive trade practices

Negotiable instruments

Insolvency and Debt Recovery

The Work Environment and the Employment Relationship

Consumer Credit and Privacy

Ethics and Regulations in Marketing and Advertising

Filters