PROPERTY LAW MCQ

NIGERIA LAW SCHOOL 2011/2012
MULTIPLE CHOICE QUESTIONS
PROPERTY LAW PRACTICE

1. Which of these is not a type of Deed

• Assignment
• Indenture
• Deed Poll
• None of the above

2. As a general rule, all transfers of land are void for purposes of transferring or creating a legal interest unless by Deed. That is the effect of the provision of

• Section 70 PCL
• Section 72 PCL
• Section 75 PCL
• Section 77 PCL

3. The case of Chime v Chime is an authority on

• Lease
• Power of Attorney
• Sale of Land
• Mortgage

4. A transaction for the sale of land situate at Ilorin, Kwara State is regulated by

• Property and Conveyancing Law
• Real Property Law
• Conveyancing Act
• Registration of Titles Law

5. Which of these is not an advantage of Registration of Titles system

• It is simpler
• It is cheaper
• It simply requires the epitome of title
• Title is more reliable than C of O

6. Under Section 69 of the RTL, the register is divided into the following except

• Personal Register
• Property Register
• Proprietorship Register
• Charges Register

7. Interest in land cannot be transferred by

• Assignment
• Vesting Declaration
• Power of Attorney
• None of the above

In 1995, Alhaji Usman Isah appointed Suleiman Orji to manage his property situated at Kaduna. Suleiman paid the sum of N1 million.
Use the scenario above to answer questions 8 and 9 below.

8. By the provisions of Section 8(1) CA

• Alhaji Isah can revoke the Power of Attorney but must do so expressly.
• Alhaji Isah cannot revoke the power of Attorney except with the concurrence of the Donee
• Only in the event of the death of Alhaji Isah can the power of Attorney be revoked without the concurrence of the Donee
• The payment of consideration has no effect on the power of a Donor of a Power of Attorney to revoke it.

9. If Suleiman Orji had not paid the N1 million but it was part of the terms of the Power of Attorney that it be irrevocable for two years

• Alhaji Isah can only revoke the Power of Attorney expressly.
• Even in the event of death of Alhaji Isah, the power of Attorney cannot be revoked without the Donee’s concurrence
• Alhaji Isah can revoke the power of Attorney without the concurrence of the Donee
• By Section 9 CA a Power of Attorney not given for valuable consideration can only be expressed to be irrevocable for a period not exceeding one year.

10. A Deed can be used for the following except

• To effect the conveyance of an interest, right or property in a real estate
• To create an obligation binding on a person
• To confirm some act whereby an interest or property has already passed
• All of the above

11. Which of these is not a difference between Registration of Titles System and Registration of Instruments System

• The RTL uses forms while the RIL uses contracts and deeds
• The RTL Registry is public while the Deeds Registry is private
• Title acquired under the RTL is more reliable than even a C of O
• Bonafide purchaser for value acquires indefeasible title under the RTL but in the Instruments system, it does not cure defects in title.

12. A person entitled to registration under the RTL is issued a

• Certificate of Occupancy
• Land Certificate
• Certificate of Ownership
• None of the above

13. Which of these transactions may not be by Deed

• Transactions lacking in consideration
• Conveyance of interest in land
• Assent
• Vesting Declaration

14. A person seeking investigation of title under the RTL is not required to come with

• A copy of the consent of the Governor
• A copy of the Land Certificate
• A Declaration in Court that the Proprietor indeed granted him permission to conduct the search
• A letter of consent or authority from the Proprietor

15. The form for transfer of interest in land under the RTL is

• Form 5
• Form 6
• Form 7
• Form 8

16. One of these is wrong about Assent

• Assent is made in favour of a person entitled to the real estate of a Deceased
• Assent is not required under the CA States where the beneficiary takes the gift from the Will  
• Only a personal representative can grant Assent, trustees have no such powers
• Where Assent is made by Deed, it becomes a registerable instrument and Stamp duty becomes payable on it.

17. A deed is not required in the following cases except

• A lease or tenancy for a period of three years
• Statutory receipt for discharge of Mortgage in the PCL States
• Vesting Orders to create interest in land
• Transactions covered by the rule in Walsh v Longdale

18. Where Mr Emma Okoro granted a Power of Attorney to Miss Ada Nwosu to manage his property situate in Lagos but before Miss Nwosu could do so, he sold the property. The effect is that

• The sale is invalid
• The Power of Attorney is deemed revoked expressly
• The Power of Attorney is deemed revoked by operation of law
• The Power is deemed impliedly revoked

19. The following are not incorrect as relates to Power of Attorney except

   

• It does not transfer interest in land
• It is an instrument of delegation
• It has no special mode of creation in all instances
• It should expressly state the power which the Donee can exercise

20. The transaction involving land which is usually but not necessarily for consideration is

• Sale
• Mortgage
• Assignment
• Lease

21. The covenant to pay rent in a lease is not

• An implied term
• An express term
• None of the above
• All of the above

22. The case that emphasized the requirement of commencement date as an element of a lease is

• Ude v Nwara
• Kachalla v Banki
• Owoniboys Technical Services v Union Bank
• UBA v Tejumola

23. NOW THIS DEED WITNESSES AS FOLLOWS is the usual beginning of

• Recital
• Habendum
• Reddendum
• Testatum

24. The feature that distinguishes a Lease from other Deeds is

• Habendum
• Testatum
• Reddendum
• Testimonium

25. A conditional deed can also be

• Absolute
• Delivered
• Executory
• Delivery in escrow

26. The Federal Mortgage Bank of Nigeria gives long term loan of usually around …………. years and an interest rate as low as……….%

• 20 years and 6% respectively
• 30 years and 3% respectively
• 20 years and 3% respectively
• 30 years and 6% respectively

27. Which of these clauses in a Deed dispenses with the need for a further receipt

• Consideration Clause
• Receipt Clause
• Acknowledgment Clause
• Payment Clause

28. The remedy of a person who successfully brings an action where the wrong person was registered as the owner of the land under the RTL is

• Injunction
• Damages
• Omission of the name
• Rectification of the register

29. The general rule on user of premises is that premises

• Can only be used for the purpose it was given
• Can only be used for the agreed purpose
• Can be used for any purpose as long as it is legal
• Can be used for all purposes, legal or illegal

30. A merger occurs in the following circumstance

• Where the tenant retains the lease and acquires the reversion
• Where a third party acquires the lease and the reversion
• None of the above
• All of the above

31. The Statute of Fraud Act 1677 provides that contracts for sale or other disposition in land must be evidenced in writing. This is found in

• Section 1
• Section 2
• Section 3
• Section 4

32. Assent is not required in the following States except

• Lagos
• Kaduna
• Kwara
• Abia

33. The difference between a lease and a tenancy is duration, usually expressed to be

• 1 year
• 2 years
• 3 years
• 5 years

34. The type of rent which is regarded as a fine and hence prohibited in some states is

• Ground Rent
• Rack Rent
• Premium
• None of the above

35. Generally, if a Power of Attorney is to be executed outside the country, it should be executed before a

• Legal Practitioner
• Commissioner of oaths
• Magistrate or Justice of Peace
• Notary Public

36. The Governor of Lagos State is empowered to apply the Registration of Titles Law to any part of the State, such area shall be called

• Registration Zone
• Registration Area
• Registration District
• Registration Avenue

37. A Power of Attorney requiring the Donee to convey interest in realty must have the following features except

• Signing
• Sealing
• Delivery
• Exchange

38. Statutory Mortgage is a way of creating mortgage under the

• PCL States
• CA States
• Abia State
• Lagos State

39. The law governing the mode of creation of legal mortgage in Niger State is

• Property and Conveyancing Law
• Conveyancing Act
• Real property Law
• Common Law

40. Where there is deposit of title deed plus an intention to create a legal mortgage, the result is

• Legal Mortgage
• Equitable Mortgage
• Ordinary Mortgage
• All of the above

41. The appropriate mode of creation of legal mortgage where the mortgagor decides to reserve the reversionary interest in the property is

• Assignment
• Sub-demise
• Statutory Charge
• Legal Charge

42. The remedy of a tenant where the Landlord unreasonably refuses assignment or subletting does not include

• Tenant can sublet without Landlord’s consent
• Action for damages
• Specific performance
• Forfeiture and re-entry

43. The position of law is that as a general rule, rent is payable in

• Advance
• Arrears
• All of the above
• None of the above

44. Under the RTL, application for first registration is required to be made by the grantee upon execution of the instrument within a period of

• 1 month of execution
• 2 months of execution
• 3 months of execution
• 6 months of execution

45. A major distinction between Power of Attorney and a Contract for sale of land is that the latter is valid on

• Execution
• Delivery
• Exchange
• None of the above

46. In a mortgage transaction, the duty to seek Governor’s consent is that of

• Mortgagor
• Mortgagee
• Guarantor
• None of the above

47. A Power of Attorney is required in the following instances except

• Where expert skill is required
• Ill health or physical impairment of the Donor
• Where it is necessary to secure the interest of a purchaser pending perfection of title
• It is required in all of the above

48. Rent review clause should contain the following except

• Method of initiating review
• Time frame for review
• The amount payable as rent
• Method of calculating the new rent

49. Lease may not lawfully be determined by

• Reasonable force to eject
• Notice to quit
• Forfeiture
• Expiration of a term

50. The covenants in a transaction are contained in the part of the Deed known as

• Commencement
• Operative Part
• Miscellaneous
• Concluding Part

51. If there was a lease agreement on a property before a mortgage was entered into on that property

• There shall be a merger
• The mortgagee becomes entitled to the rent
• The lease will be binding on the mortgagee
• All of the above

52. As a general rule, consolidation

• Is a requirement of law
• Is expressly prohibited
• Is the right of the mortgagor
• Is the right of the mortgagee

53. Covenant to observe and perform any condition in the headlease is relevant in a mortgage by

• Statutory Mortgage
• Legal Charge
• Sub-demise
• Assignment

54. The appropriate consent required for the mortgage of a land, subject of a customary right of occupancy is

• Governor of the State
• President of Nigeria
• Local Government
• Any of the above

55. Which of the rights of a mortgagor terminates after the legal due has passed

• Equitable right to redeem
• Legal right to redeem
• Equity of redemption
• All of the above

56. The elements necessary for there to be consolidation does not include

• It must be one property
• The parties must be the same
• Date of redemption must have passed
• There must be agreement to consolidate

57. The automatic statutory power of sale not requiring an order of Court

• Is only available to a legal mortgagee
• Is only available to an equitable mortgagee
• Is only available in a mortgage created by deed
• All of the above

58. A foreclosure order nisi becomes absolute after

• 3 months
• 6 months
• 9 months
• 12 months

59. A purchaser who buys a property after the power of sale arises but before the power becomes excisable

• Does not get a good title
• Will get a good title subject to the title of the mortgagor
• Will get a good title notwithstanding the irregularity
• The mortgagor is entitled to injunction

60. By Section 22 Stamp Duty Act, mortgage documents are required to be stamped after

• 15 days
• 30 days
• 60 days
• 90 days

61. Which of these is not correct about Registration of Titles system

• The Land Certificate is conclusive proof of the title of the proprietor
• The entry in the register are a conclusive proof of the title of the proprietor
• All of the above
• None of the above

62. The modern view on the nature of RTL forms as expressed in Buknor Maclean v Inlaks Ltd is that

• The forms are sacrosanct
• The parties cannot on their own modify the forms
• A departure from the form does not invalidate the transaction where there has been substantial compliance
• All of the above

63. A schedule of events or transactions affecting land arranged in a chronological order of devolution is

• Abstract of title
• Epitome of title
• Requisition of title
• Deducing of title

64. For a statutory power of sale to arise

• The mortgage must be created by deed
• The legal due date must have passed
• Notice requiring payment must have given to the mortgagor
• There must be no contrary intention against sale in the deed

65. Which of these modes of creation of mortgage can be discharged by statutory receipt

• Deed of statutory mortgage
• Legal charge
• Assignment
• Sub-demise

66. The presence of two testata is a distinctive feature of

• Lease
• Assent
• Assignment
• Mortgage

67. The vital factor which brings a contract for sale of land into existence is

• Execution
• Consideration
• Delivery
• Exchange

68. Pick out the odd combination below

• Abia State - 40 years
• CA States - 40 years
• PCL States – 30 years
• Lagos State – 12 years

69. Foreclosure extinguishes

• The legal right to redeem
• Equitable right to redeem
• Equity of redemption
• All of the above

70. Under the Land Use Act, the approval required before granting a right of occupancy to a non Nigerian is that of

• The President
• Federal Executive Council
• National Judicial Council
• National Council of States

71. The wrong assertion about the mortgagee’s right of possession is

• It arises upon creation of the mortgage
• It dos not render the mortgagee liable in trespass
• It is contingent upon breach by the mortgagor
• None of the above

72. The three Ps that validate an open contract does not include

• Property
• Possession
• Price
• Parties

73. The major place for investigation of title to a land situated in Abuja is done at

• High Court Registry
• Land Registry
• AGIS
• All of the above

74. Which of these does not constitute a good root of title

• Deed of Assignment
• Vesting Order
• Certificate of Occupancy
• Registered Title

75. The conditions that makes a power of sale become exercisable include the following except

• There must have been failure in payment of principal sum for three months after becoming due
• Some interest must have been in arrears and unpaid for two months
• There has been a breach of the covenant or the law by the mortgagor
• There must have been notice requiring payment of principal sum and default in payment for three months after such notice

76. A mortgage created by assignment cannot be discharged by

• Statutory receipt
• Deed of discharge
• Deed of surrender
• None of the above

77. The Deed of Assignment is usually prepared by

• Vendor’s Solicitor
• Purchaser’s Solicitor
• All of the above
• None of the above

78. The payment of the balance of the purchase price in a contract for sale of land is done at the

• Execution of the Contract
• Completion Stage
• Perfection Stage
• Contract Stage

79. The contract for sale of land is usually drafted by

• Vendor’s Solicitor
• Purchaser’s Solicitor
• All of the above
• None of the above

80. In a contract for sale of land, it is preferable to pay the deposit of the purchase price to

• The Vendor
• The Purchaser
• Purchaser’s solicitor
• Vendor’s solicitor

81. In International Textile Industries v Aderemi the Supreme Court held that the stages of contract for sale are divided into

• Two
• Three
• Four
• Five

82. The correct order for the perfection stage is

• Consent-Stamping-Registration
• Stamping-Consent-Registration
• Consent-Registration-Stamping
• Registration-Consent-Stamping

83. A good root of title in Kano State should date back to

• 20 years
• 30 years
• 40 years
• 12 years

84. A landlord becomes entitled to take over possession of the demised premises where the tenant breaches the covenants by reason of

• Surrender
• Merger
• Forfeiture
• All of the above

85. The reasons why a power of sale can be set aside does not include

• Where there has been collusion amounting to fraud
• Where the mortgagee sells at a lower price
• Where there is evidence that the money has been in full
• Where the mortgagee sells not himself but to his privy

86. Which of these is incorrect about contract for sale of land

• In the event of default by purchaser, the deposit is forfeited
• The payment of deposit is usually made to the vendor’s solicitor as a stakeholder
• The remedy of a vendor when the buyer defaults in payment of balance of purchase price is an action for recovery
• Only death can terminate the contract after completion stage

87. Which of the following is a good root of title

• Will
• Lease
• Equitable Mortgage
• Vesting Order

88. Where a purchaser takes possession before completion, he usually does so as

• A stakeholder
• A trustee
• A licensee
• An equitable owner

89. Economic rent, which is the landlord’s return on his investments refers to

• Ground Rent
• Rack Rent
• Premium
• All of the above

90. The minimum requirement for oral contract for sale of land does not include

• Payment of purchase price
• It must be in writing
• Taking of possession by purchaser
• Presence of witnesses

91. A Purchaser of part of the property of a Vendor is not entitled to the entire title documents must can be protected by

• Covenant for Indemnity
• Trust Declaration
• Power of Attorney
• Acknowledgment for custody and production

92. The minimum age requirement for entitlement to a grant of a statutory right of occupancy under the Land Use Act is

• 14 years
• 18 years
• 21 years
• 30 years

Chief Ogbuagu borrowed the sum of N15,000,000 from Calyx Bank Plc and secured the loan with his twin duplex in Ado Ekiti.
Using the scenario, answer questions 93-96.

93. The following are not one of the ways Chief Ogbuagu can create the mortgage except

• Assignment
• Sub-demise
• Demise for a term of years absolute
• Deed of Statutory Mortgage

94. Which of these is true

• The Mortgagee ordinarily has no power to sell the reversionary interest
• A trust declaration is required
• The Mortgagee has the power to sell the property with the reversionary interest
• A power of attorney is necessary before the Mortgagee can sell the reversionary interest

95. Assuming Chief decides instead to use his property located in Maitama, Abuja, the legal mortgage cannot be created by

• Assignment
• Sub-demise
• Legal charge
• Statutory Mortgage

96. If the property had been located in Victoria Island the only way to create the legal mortgage would be by way of

• Form 2
• Form 3
• Form 4
• Form 5

97. A Power of Attorney granted to a person to “let premises to tenants and collect rent” is

• General Power of Attorney
• Specific Power of Attorney
• Revocable Power of Attorney
• Irrevocable Power of Attorney

98. Under the Registration of Titles Law, equitable mortgage can be created by

• Deposit of title deed
• Agreement in writing to create a legal mortgage
• Completing Form 8
• None on the above

99. Pick the odd one out

• Form 5 – Form 6
• Assignment – Deed of discharge
• Legal charge – Deed of release
• Equitable mortgage – simple receipt

100. The proper notice for a monthly tenancy where there is no stipulation as to notice is

• 7 days
• One month
• 6 months
• 12 months