Question 1

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

Accepted Answer

The Torrens system of title has several

Question 2

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 3

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 4

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 5

Which of the following is the best description of an arrangement whereby Bruce allows his neighbour,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 6

If there are several mortgages over one parcel of land how is priority determined?

Accepted Answer

A) Priority is determined by the date of creation. 
B) It is not possible to have several mortgages over one parcel of land. 
C) An equitable mortgage takes priority over a legal mortgage. 
D) A legal mortgage takes priority over an equitable mortgage. 
A) Priority is determined by the date of creation. 
B) It is not possible to have several mortgages over one parcel of land. 
C) An equitable mortgage takes priority over a legal mortgage. 
D) A legal mortgage takes priority over an equitable mortgage.

Question 7

Which of the following statements about strata title is NOT correct?

Accepted Answer

A) The strata title is vested in the owner's corporation. 
B) A strata title is evidence of the horizontal subdivision of the land and/or airspace. 
C) The owner's corporation is responsible for management,control and administration of the building. 
D) A strata plan can only be registered over Torrens Title land. 
A) The strata title is vested in the owner's corporation. 
B) A strata title is evidence of the horizontal subdivision of the land and/or airspace. 
C) The owner's corporation is responsible for management,control and administration of the building. 
D) A strata plan can only be registered over Torrens Title land.

Question 8

In what circumstances will native title that has been extinguished by a grant of freehold be 'revived'?

Accepted Answer

A) By a Crown grant. 
B) By the resumption of the land by the Crown. 
C) By an act of the executive. 
D) Once extinguished,native title can never be revived. 
A) By a Crown grant. 
B) By the resumption of the land by the Crown. 
C) By an act of the executive. 
D) Once extinguished,native title can never be revived.

Question 9

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 10

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 11

In the context of property law,which of the following is the best definition of the term: 'property'?

Accepted Answer

A) The rights or ownership of an object. 
B) Possession or physical control of an object. 
C) Land and anything fixed to it. 
D) Real property. 
A) The rights or ownership of an object. 
B) Possession or physical control of an object. 
C) Land and anything fixed to it. 
D) Real property.

Question 12

A lease of land would be classified as real property.

Accepted Answer

A) True 
 B)False

Question 13

A trademark is designated as an example of:

Accepted Answer

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

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

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

Accepted Answer

The High Court's decision in the Mabo Ca

Question 16

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 17

A transaction in which an interest in land is given as security for repayment of money lent is called a caveat.

Accepted Answer

A) True 
 B)False

Question 18

To compensate for any rent owed by a tenant who has breached a lease,a landlord may evict a tenant and seize the tenant's furniture.

Accepted Answer

A) True 
 B)False

Question 19

Under the Torrens title system,title is based on registration.

Accepted Answer

A) True 
 B)False

Question 20

Which of the following covenants will NOT be implied into a lease of a furnished house?

Accepted Answer

A) The tenant must take proper care of the house. 
B) The landlord must ensure the house is fit for habitation. 
C) The tenant must repair all damage to the house. 
D) The landlord must provide the tenant with quiet possession. 
A) The tenant must take proper care of the house. 
B) The landlord must ensure the house is fit for habitation. 
C) The tenant must repair all damage to the house. 
D) The landlord must provide the tenant with quiet possession.

Exam 25: Property and Mortgages

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

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

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

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

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

If there are several mortgages over one parcel of land how is priority determined?

Which of the following statements about strata title is NOT correct?

In what circumstances will native title that has been extinguished by a grant of freehold be 'revived'?

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

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

In the context of property law,which of the following is the best definition of the term: 'property'?

A lease of land would be classified as real property.

A trademark is designated as an example of:

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

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

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

A transaction in which an interest in land is given as security for repayment of money lent is called a caveat.

To compensate for any rent owed by a tenant who has breached a lease,a landlord may evict a tenant and seize the tenant's furniture.

Under the Torrens title system,title is based on registration.

Which of the following covenants will NOT be implied into a lease of a furnished house?

Legal Foundations

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

Introduction to Companies and Incorporated Associations

Agency

Partnerships

Choosing a Business Entity

Other Business-Related Torts

Insurance

Sale of Goodsbusiness to Business

Intellectual Property

Ethics and Business Practice

Criminal Law in a Business Context

Competition Law

Insolvency and Debt Recovery

The Work Environment and the Employment Relationship

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