PPL422 TMA

 

Q1 Which of the following is a practical demonstration of the meaning of the term ‘fee’ as it relates to interest in land?
Chidi offers his services to draft a deed of assignment
Amanda holds interest in land for the benefits of Kole
Ena transfers his land to Gbubemi for N5 million
William inherits an interest in land which may be passed on as inherance except he dies intestate with no heir

Q2 Which of these would constitue a restriction on ownership as enunciated in Commissioner for Railways V. Valuer-General
Section 2 of the Nigerian Oil and Gas Industry Content Development Act
Section 1 of the 1999 Constitution
S. 1 of the Land Use Act
Section 1 of the Sovereign Investment Authority Act

Q3 One of these is not an element of joint tenancy
Unity of time
Unity of term
Unity of possession
Unity of title

Q4 Which of the following is not a miscellaeous easement
Right of way
Right to use an airfield
Right to run eletricity wires over a neighbouring land
Right to fix a signboard directing clients to a business’ new address.

Q5 The inhabitants of Asaba community wish to file a suit seeking easement rights over the land adjoining the River Niger. Their suit is likely to fail because …
River Niger is navigable both from Delta and Benue State.
They do not constitute a definite legal person
There is no on to grant them the right
They are guilty of supporting Nnamdi Kanu’s Biafra fight

Q6 In the case of ?.. A licence was distinguished from an easement
Hill V. Tupper
Bailey V. Stephens
Wilkinson v. Downton
Gibbons V. Proctor

Q7 One of the following is true concerning easements
It is dependent on owner
It is fundamental that the right enhances the value of the dominant tenement
The user must be related to the dominant owner
it must be appurtenant to a dominant tenement

Q8 Who may sell the fruit of a tree subject to easement rights?
The owner of the easement right
The dominant owner
The subservient owner
All of the options

Q9 Monday who holds a property in common with Sunday died with Akin as his sole heir. Who will inherit Monday’s share?
Monday
Sunday
The interests will lapse
Akin

Q10 Survivorship is not applicable in
None of the options
Joint tenancy
Tenancy in common
All of the options

Q11 One of the following will not not denote tenancy in common in a will
with me’
share and share alike
in equal shares
Amongst

Q12 Advise a husband who wishes to demolish and subsequently rebuild a dwelling house inhabited his wife with whom he has no issue after he has filed for divorce but prior to conclusion of the proceedings.
His obligation to provide alternative accommodation is tied to their having children together
He cannot render her homeless.
Since he has filed for divorce, she is no longer his responsibility
None of the options

Q13 Which of the following may negate a fee simple
third party rights
nuisance
statutory restrictions
None of the options

Q14 Chim wants to sell his interest in a land held jointly with his brothers. Advise him in line with Basina v. Weeks
Parliament can make an order it deems fit in respect to joint ownerhip
The court, as empowered by parliament, can make an order it deems fit in respect to joint ownerhip
A joint tenant can sell his interest in a joint ownership
A testator can alienate his interest to a stranger but not through will

Q15 Maria gifted her land in Lekki to her two daughters, Nnena and Aisha. Aisha and Nnena are
Co grantees
Joint tenants
Joint grantees
Twins

Q16 Advise Eki on the effect of the Land Use Act on the land she inherited in freehold from her father absolutely.
Her interest is restricted to a term of 99 years subject to renewal
Her interest is restricted to an unrenewable term of 99 years
She remains the owner absolutely
There is no restriction on her right to enjoy the land and pass on to her heirs

Q17 According to Lord Wilberforce, an owner of land has ……..
everything under the sky
everything under the sky down to the centre of the earth
everything down to the centre of the earth
the land

Q18 What happens to an entailed estate if the ‘beneficiary’ ceases to exist
It reverts to the donor
It passes on the the heir of the beneficiary
It passes on to the government
It is distributed to relatives

Q19 A bequest of land to Diana upon attainment of the age of 21 years is ….
An absolute fee simple
A fee tail
A conditional fee simple
A gift

Q20 Elements of ‘freehold’ includes the following except
fee simple
fee tail
term for life
leasehold

Q21 The principle in Walsh v. Lonsdale is that
An agreement for a lease is enforceable against the whole world
A lease supercedes a gratutious sale
An agreement for a lease is as good as a conveyance
An agreement for a lease is as good as a lease

Q22 Jaja verbally agreed to lease his seaside property to Effiong for 7 years and collected half of the total rent, allowed Effiong to take possession of the property and fence same. On the basis of his interest, Effiong successfully bidded for a contract to host the government’s annual christmas beach party and went to great expense to install suitable lighting and sound effects for the event. Jaja subsequently repudiated the contract 6 months later. What remedy is available to Effiong?
A claim for refund
A claim for damages
An action for an order of mandamus to force Jaja to put their agreement into written form.
An action for specific performance

Q23 One of the following is akin to a licence
Periodic tenancy
Tenancy at will
Lease of Reversion
Tenancy at sufferance

Q24 Which of the following contractual phrases may have influenced the decision to allow the Plaintiff’s claim in Akpiri v. West African Airways Coporations?
Invitation to treat
Sufficiency of consideration
Offer and acceptance
Intention to create legal relationship

Q25 Why was the Plaintiff’s claim unsuccessful in Mobil Oil (Nig.) Ltd. V. Johnson
There was no written agreement
The notice he received was short of 7 days
There was no certainty of term
the Plaintiff contributed to the Defendant’s trespass.

Q26 Which of the following statutes creates a near-perpetual lease?
Statute of Frauds
Law of Property Act
Land Use Act
Conveyancing Act

Q27 How may a lease for a term of years absolute be brought to an end prior to expiration
by notice to quit
by reentry of a third party
by subsequent tenancy
by mortgage

Q28 The main distinction between a lease and a licence is
payment of rent
nature of interest
Length of interest
will of the owner

Q29 In line with the decision in ?��?., a bonafide purchaser of a land on which licenses exist will be bound by the licence if he/she knew of same.
Akpiri V. WAAC
Inwards v. Baker
Willmott v. Barber
Binions v. Evans

Q30 Which of the following may defeat a claim of trespass against a bare licensee who remained in the licensor’s property 15 minutes after the licence was withdrawn
length of notice of withdrawal
existence of a licence contract
non-existence of successors
none of the options

Q31 Sean freely gives out his garden for charitable events but is reputed to be very fickle – asking them to pack up and go at the drop of a hat. How can the Kids Charity ensure that their ‘Who is in the Garden?’ Show runs its course for the whole day without Sean frustrating it?
Make Sean the chairman of the occasion
Furnish consideration for their use of Sean’s garden
Ensure that law enforcement officers are present
Invite television crew to broadcast it live

Q32 Which of the following would render an act of trespass justifiable?
damages
enforcement
licence
ownership

Q33 Sani grazes his cattle in Abacha’s land. Abacha has also granted SPDC the right to dump toxic waste on a portion of the land. Sani has been advised that this would poison the grass. In effect, Abacha’s grant to SPDC is to ?��?
Extinguish Sani’s interest
Suspend Sani’s interest
Protect Sani’s interest
Defer Sani’s interest

Q34 One of the following may distinguish a profit from an easement
payment of consideration
proximity of parties
statutory control
all of the options

Q35 Commons of ?��?.. Is to quarrying as commons of tubary is to ?��?��?..
pasture, estovers
turbary, pastures
estovers, turbary
turbary, piscary

Q36 Ajayi has sold all his cocoa fruits to Cadburys for a term of chocolates for 10 years hence, every harvest season, Cadbury’s harvesters take over Ajayi’s cocoa farm and harvest all the ripe cocoa fruits. What is the nature of Cadbury’s interest?
Easement
Lease
Joint ownership
Profit a prendre

Q37 An easement may be extinguished in any of the following ways except
by unity of seisin
by release
by statute
by intestacy

Q38 Which of the following equitable maxims would be applicable to an equitable easement
Equity does not aid the indolent
He that must come to equity must come with clean hands
Equity sees as done that which ought to be done
Where equities are equal, first in time prevails

Q39 Why was the agreement in Macmanus v. Cooke enforced?
It was oral
It constituted a grant of an easement
It was a written agreement
There were witnesses

Q40 A major distinction between legal and equitable easement is ?.
compliance with the Law of Property Act 1925
Mode of grant
Length of interest
Nature of privilege

Q41 Which of the following is a practical demonstration of the meaning of the term ‘fee’ as it relates to interest in land?
Chidi offers his services to draft a deed of assignment
Amanda holds interest in land for the benefits of Kole
Ena transfers his land to Gbubemi for N5 million
William inherits an interest in land which may be passed on as inherance except he dies intestate with no heir

Q42 Which of these would constitue a restriction on ownership as enunciated in Commissioner for Railways V. Valuer-General
Section 2 of the Nigerian Oil and Gas Industry Content Development Act
Section 1 of the 1999 Constitution
S. 1 of the Land Use Act
Section 1 of the Sovereign Investment Authority Act

Q43 One of these is not an element of joint tenancy
Unity of time
Unity of term
Unity of possession
Unity of title

Q44 Which of the following is not a miscellaeous easement
Right of way
Right to use an airfield
Right to run eletricity wires over a neighbouring land
Right to fix a signboard directing clients to a business’ new address.

Q45 The inhabitants of Asaba community wish to file a suit seeking easement rights over the land adjoining the River Niger. Their suit is likely to fail because …
River Niger is navigable both from Delta and Benue State.
They do not constitute a definite legal person
There is no on to grant them the right
They are guilty of supporting Nnamdi Kanu’s Biafra fight

Q46 In the case of ?.. A licence was distinguished from an easement
Hill V. Tupper
Bailey V. Stephens
Wilkinson v. Downton
Gibbons V. Proctor

Q47 One of the following is true concerning easements
It is dependent on owner
It is fundamental that the right enhances the value of the dominant tenement
The user must be related to the dominant owner
it must be appurtenant to a dominant tenement

Q48 Who may sell the fruit of a tree subject to easement rights?
The owner of the easement right
The dominant owner
The subservient owner
All of the options

Q49 Monday who holds a property in common with Sunday died with Akin as his sole heir. Who will inherit Monday’s share?
Monday
Sunday
The interests will lapse
Akin

Q50 Survivorship is not applicable in
None of the options
Joint tenancy
Tenancy in common
All of the options

Q51 One of the following will not not denote tenancy in common in a will
with me’
share and share alike
in equal shares
Amongst

Q52 Advise a husband who wishes to demolish and subsequently rebuild a dwelling house inhabited his wife with whom he has no issue after he has filed for divorce but prior to conclusion of the proceedings.
His obligation to provide alternative accommodation is tied to their having children together
He cannot render her homeless.
Since he has filed for divorce, she is no longer his responsibility
None of the options

Q53 Which of the following may negate a fee simple
third party rights
nuisance
statutory restrictions
None of the options

Q54 Chim wants to sell his interest in a land held jointly with his brothers. Advise him in line with Basina v. Weeks
Parliament can make an order it deems fit in respect to joint ownerhip
The court, as empowered by parliament, can make an order it deems fit in respect to joint ownerhip
A joint tenant can sell his interest in a joint ownership
A testator can alienate his interest to a stranger but not through will

Q55 Maria gifted her land in Lekki to her two daughters, Nnena and Aisha. Aisha and Nnena are
Co grantees
Joint tenants
Joint grantees
Twins

Q56 Advise Eki on the effect of the Land Use Act on the land she inherited in freehold from her father absolutely.
Her interest is restricted to a term of 99 years subject to renewal
Her interest is restricted to an unrenewable term of 99 years
She remains the owner absolutely
There is no restriction on her right to enjoy the land and pass on to her heirs

Q57 According to Lord Wilberforce, an owner of land has ……..
everything under the sky
everything under the sky down to the centre of the earth
everything down to the centre of the earth
the land

Q58 What happens to an entailed estate if the ‘beneficiary’ ceases to exist
It reverts to the donor
It passes on the the heir of the beneficiary
It passes on to the government
It is distributed to relatives

Q59 A bequest of land to Diana upon attainment of the age of 21 years is ….
An absolute fee simple
A fee tail
A conditional fee simple
A gift

Q60 Elements of ‘freehold’ includes the following except
fee simple
fee tail
term for life
leasehold

Q61 One of these does not vest control of mineral resources on the government
S.1 of the Minerals and Mining Act
S.1 of the Land Use Act
S.1 of the Petroleum Act
S.44(3) of the 1999 Constitution

Q62 Which of the following cannot be characterised as Nigerian content within the meaning of the Nigerian Oil and Gas Content Development Act
Nigerian employees
Nigerian mineral resources
Nigerian services
Nigerian spouses of expatriate staff

Q63 How may Maina, a Hause cattle rearer, justify his daily use of the Ikpoba River in Benin City for watering his his herd of cattle?
He belongs to the ruling party
His forefathers before him watered their livestock from the same river
The public has free access to Ikpoba river for watering of livestock
Nigeria belongs to everybody

Q64 Chijioke built his house next to and discharges his daily waste into Ososo River. On February 1 2016, he was ordered to discontinue the discharge of sewage into the river. He did not comply till January 31 2017. Advise on the maximum fine that he may be ordered to pay if found guilty under the National Environmental Standards Regulation Agency Act.
N36,500
N2,000
No maximum
At least 6 months imprisonment

Q65 One of the following is a reason for opposing agrian reform
Land owners are subject to the desires of government officials
Economic benefits are unrealistic
They are used to score cheap political points
They facilitate rural development

Q66 In Amodu Tijani V. Secretary of Southern Nigeria, it was held that land belongs to
The State Government
The community
The Federal Government
The title holder

Q67 Kunle has been a right of ocupancy. Under the land use act, his interest is ……
leasehold for 99 years
freehold in perpetuity
backed by a certificate of occupancy issued by the estate managers
absolute and perpetual

Q68 ………. is the most extensive attempt by the Federal government to rectify the agricultural system
The Petroleum Industry Bill
Mining and Mineral Act
The Land Use Act
The Petroleum Act

Q69 Who are the most likely beneficiaries under the Nigerian Oil and Gas Content Development Act
The Government
Nigerians
Oil and Gas Companies
Host communities

Q70 The term popularly called ‘resource control’ is not recognised under the Nigerian constitution. What is recognised is ………..
Resource allocation
Derivation principle
Revenue allocation
Sovereign wealth

Q71 How may mineral host communities benefit from exploration activities carried out on their land.
Picket the offices of the exploration companies
Petition the UN on the exploration
Negotiate with the company for rent, access and compensation
Engage the services of well known human rights lawyers to sue the company

Q72 BYC Ltd. wants to explore for marble deposits around Zuma Rock. What must they first do?
Apply to the Minister for Natural Resources for a permit
Inform the Minister pending when they can confirm that there is enough marble in commercial quantities for which they will require a mining lease
Carry out a community enlightenment run to inform the community of their plans
Nothing to protect their official and trade secrets

Q73 Protagonists of agrarian reform justify it on the following grounds, except
It facilitates rural development
It compromises the interests of rural inhabitants
It ameliorates the challenges of conflicting land regulation
It can improve agricultural productivity

Q74 The following are problems created by the Land Use Act except
The rate of conversion of agricultural land for non agricultural purposes
Concentration of land in few hands
Improper definition of terms
Traditional land tenure system

Q75 One of the following will not be characterised as agrarian reform
Compulsory acquisition of land for erection of statutes of foreign leaders
Provision of support sytems for agricultural workers
Formulation of strategies for elimination of poverty
Redistribution of land among the landless

Q76 …… Is the rectification of the agricultural system
Land Reform
Agricultural reform
Agrarian reform
Land redistribution

Q77 One of these is a weakness of the Edo State Environmental Sanitation Edict
It prohibits water polution
It treats water pollution as a public health issue
It stipulates an effulent limitation standard
it does not stipulate an effluent limitation standard

Q78 Abu has a reservior where he collects rain water. Pursuant to the Water Resource Act, the the right to control the water in the reservoir is vested in
The Government of the Federation
Abu
The State Government
The Local Government

Q79 SPDC has discovered oil on Ekeh’s farmland. Advise him on how much to expect SPDC to pay him for the oil and why.
I3% because of the derivation principle
Not less than 13% because he has power to negotiate under the derivation principle
Nothing. Under the Land Use Act, all land belongs to the State government
At least 13% because it is his land that is being explored for oil.

Q80 One of the following does not characterise a natural resource
It belongs to government
It is a material in its native state
It has economic value
It needs to be extracted

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