Question 1

According to the Native Title Act 1993 (Cth), a person wishing to explore or mine land subject to a native title claim:

Accepted Answer

A)  Must first obtain the consent of the claimants. 
B)  Must first notify the claimants. 
C)  Must first negotiate with the claimants. 
D)  Cannot proceed to mine until the claim is resolved. 
A)  Must first obtain the consent of the claimants. 
B)  Must first notify the claimants. 
C)  Must first negotiate with the claimants. 
D)  Cannot proceed to mine until the claim is resolved.

Question 2

Assignment of a lease involves a transfer of the original lease into the name of the assignee.

Accepted Answer

A) True 
 B)False

Question 3

The case of Armory v Delamirie (1722) 1 Strange 505 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 4

To what extent does the owner of land own the airspace above the surface of the land?

Accepted Answer

A)  Up to a height of 1 kilometre. 
B)  Up to a height of 10 metres. 
C)  The owner has no right to the airspace above their land. 
D)  As far as is necessary for the ordinary use and enjoyment of the land. 
A)  Up to a height of 1 kilometre. 
B)  Up to a height of 10 metres. 
C)  The owner has no right to the airspace above their land. 
D)  As far as is necessary for the ordinary use and enjoyment of the land.

Question 5

What are fixtures and why is it important to determine if they are moveable or not?

Accepted Answer

Fixtures are chattels which were once mo

Question 6

An agreement for lease must contain which of the following terms?

Accepted Answer

A)  Details of the consideration to be paid. 
B)  The date of commencement and term of the lease. 
C)  A description of the parties and the property being leased. 
D)  All of the above. 
A)  Details of the consideration to be paid. 
B)  The date of commencement and term of the lease. 
C)  A description of the parties and the property being leased. 
D)  All of the above.

Question 7

The case of Byrne v Hoare [1965] QdR 135 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 8

To place a restriction on the use of land by future owners, it is necessary to:

Accepted Answer

A)  Record an easement on the title. 
B)  Execute a memorial as part of the chain of title. 
C)  Record a restrictive covenant as an encumbrance on the title. 
D)  Register a caveat against the title. 
A)  Record an easement on the title. 
B)  Execute a memorial as part of the chain of title. 
C)  Record a restrictive covenant as an encumbrance on the title. 
D)  Register a caveat against the title.

Question 9

The doctrine whereby if one co-owner dies the interest of that person is automatically transferred to the remaining joint tenants regardless of the deceased person's will is called survivorship.

Accepted Answer

A) True 
 B)False

Question 10

Which of the following is the best description of native title as determined in the Mabo Case?

Accepted Answer

A)  A new form of common law title. 
B)  A right to apply to the Native Title Tribunal for a determination of native title. 
C)  A grant of land made under the Native Title Act 1993 (Cth). 
D)  A recognition of pre-existing property rights. 
A)  A new form of common law title. 
B)  A right to apply to the Native Title Tribunal for a determination of native title. 
C)  A grant of land made under the Native Title Act 1993 (Cth). 
D)  A recognition of pre-existing property rights.

Exam 27: Property and mortgages

According to the Native Title Act 1993 (Cth), a person wishing to explore or mine land subject to a native title claim:

Assignment of a lease involves a transfer of the original lease into the name of the assignee.

The case of Armory v Delamirie (1722) 1 Strange 505 is authority for the principle that:

To what extent does the owner of land own the airspace above the surface of the land?

What are fixtures and why is it important to determine if they are moveable or not?

An agreement for lease must contain which of the following terms?

The case of Byrne v Hoare [1965] QdR 135 is authority for the principle that:

To place a restriction on the use of land by future owners, it is necessary to:

The doctrine whereby if one co-owner dies the interest of that person is automatically transferred to the remaining joint tenants regardless of the deceased person's will is called survivorship.

Which of the following is the best description of native title as determined in the Mabo Case?

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