SQE Land Law Exam With Complete Solutions
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What are the rights on the 'fixed list' of rights with proprietary status? - ANSWER 1.
Freehold estate
2. leasehold estate
3. easements
4. mortgages
5. restrictive covenants
6. estate contracts
7. BI in a trust of land
How can a proprietary right in land be enforced? - ANSWER (action in rem) use or
possession of the land can be recovered
(ie. not just damages)
How does one enforce a personal right in land? - ANSWER only by a personal action for
damages
.ie. use, or occupation, of right cannot be recovered
what is commonhold? - ANSWER A variety of freehold. It is not a new estate in the land,
but a creation upon a freehold registered estate.
The commonhold association = freehold owner --> responsible for maintaining
communal areas of building
owner of each flat = member of association
,(example = retirement homes)
Proprietary rights - ANSWER if a right has not been recognised by s1 LPA 1925 then it
will only ever be personal in nature
(eg. licence)
what interests are capable of existing at law (s1(2) LPA)? - ANSWER 1. mortgages
2. easements granted in perpetuity or for a term of years (and rights to apply)
3. rights of entry
4. rentcharges
what interests are equitable interests (s1(3) LPA)? - ANSWER 1. freehold covenants
2. estate contracts
3. interests in a trust of land
4. easements granted for an uncertain term
what is a mortgage? - ANSWER A bundle of rights granted over property in return for an
advance of money
/rss include right to possession and sale of the land in the event of default in repayments
of the mortgage
who gives a mortgage? - ANSWER The borrower
(NOT the lender)
what is an easement? - ANSWER A proprietary right to use land belonging to another
person
(more limited than exclusive right to use or occupy)
,when will an easement be a legal/equitable interest? - ANSWER To be a legal easement
it must be granted either for a term certain or in perpetuity.
If it is granted for an uncertain term then it can only be an equitable easement
what is a rentcharge? - ANSWER A legal right to receive a periodic sum paid by the
owner of the land
what is a restrictive covenant? - ANSWER A promise not to do something in relation to
land
(NOT an interest in land)
express trust of land - ANSWER Trustee = legal owner of land
Beneficiary = equitable interest in land
what remedies are available for a legal interest? - ANSWER damages as of course (ie.
automatically) and equitable remedies may also be available
what remedies are available for an equitable interest? - ANSWER not entitled to
damages as of right + remedies granted are entirely at discretion of court
in what ways can a freehold estate be transferred? - ANSWER 1. sale
2. will
3. gift
4. operation of law (eg. bankruptcy - automatic transfer)
What happens at the point of exchange? - ANSWER The parties become legally
committed to buy/sell the land
, what provisions must land contracts comply with (s2 LP(MP)A 1989) - ANSWER 1. the
contract has got to be in writing
2. it must contain all the expressly agreed terms
3. it must be signed by both parties
what is conveyance? - ANSWER the deed in unregistered land
What is transfer (of land)? - ANSWER the deed in registered land
Is it correct that a legal estate must be transferred or created by deed - ANSWER Yes
(s52(1) LPA 1925)
what are the requirements of a valid deed (s1 LP(MP)A)? - ANSWER 1. clear on the face
of the document that it is intended to be a deed
2. it must be validly executed (signed by individual and witness if seller = individual)
3. it must be delivered
how is a will validly executed if the seller is a company? - ANSWER if the seller is a
registered company, it can execute the deed in one of the following ways:
1. two directors signing
2. one director and a witness signing
3. one director and the company secretary signing
4. affixing the company seal
what does sale of unregistered land trigger? - ANSWER first registration
when does legal title pass in sale of registered land? - ANSWER on registration
when does legal title pass in sale of unregistered land? - ANSWER on completion of
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What are the rights on the 'fixed list' of rights with proprietary status? - ANSWER 1.
Freehold estate
2. leasehold estate
3. easements
4. mortgages
5. restrictive covenants
6. estate contracts
7. BI in a trust of land
How can a proprietary right in land be enforced? - ANSWER (action in rem) use or
possession of the land can be recovered
(ie. not just damages)
How does one enforce a personal right in land? - ANSWER only by a personal action for
damages
.ie. use, or occupation, of right cannot be recovered
what is commonhold? - ANSWER A variety of freehold. It is not a new estate in the land,
but a creation upon a freehold registered estate.
The commonhold association = freehold owner --> responsible for maintaining
communal areas of building
owner of each flat = member of association
,(example = retirement homes)
Proprietary rights - ANSWER if a right has not been recognised by s1 LPA 1925 then it
will only ever be personal in nature
(eg. licence)
what interests are capable of existing at law (s1(2) LPA)? - ANSWER 1. mortgages
2. easements granted in perpetuity or for a term of years (and rights to apply)
3. rights of entry
4. rentcharges
what interests are equitable interests (s1(3) LPA)? - ANSWER 1. freehold covenants
2. estate contracts
3. interests in a trust of land
4. easements granted for an uncertain term
what is a mortgage? - ANSWER A bundle of rights granted over property in return for an
advance of money
/rss include right to possession and sale of the land in the event of default in repayments
of the mortgage
who gives a mortgage? - ANSWER The borrower
(NOT the lender)
what is an easement? - ANSWER A proprietary right to use land belonging to another
person
(more limited than exclusive right to use or occupy)
,when will an easement be a legal/equitable interest? - ANSWER To be a legal easement
it must be granted either for a term certain or in perpetuity.
If it is granted for an uncertain term then it can only be an equitable easement
what is a rentcharge? - ANSWER A legal right to receive a periodic sum paid by the
owner of the land
what is a restrictive covenant? - ANSWER A promise not to do something in relation to
land
(NOT an interest in land)
express trust of land - ANSWER Trustee = legal owner of land
Beneficiary = equitable interest in land
what remedies are available for a legal interest? - ANSWER damages as of course (ie.
automatically) and equitable remedies may also be available
what remedies are available for an equitable interest? - ANSWER not entitled to
damages as of right + remedies granted are entirely at discretion of court
in what ways can a freehold estate be transferred? - ANSWER 1. sale
2. will
3. gift
4. operation of law (eg. bankruptcy - automatic transfer)
What happens at the point of exchange? - ANSWER The parties become legally
committed to buy/sell the land
, what provisions must land contracts comply with (s2 LP(MP)A 1989) - ANSWER 1. the
contract has got to be in writing
2. it must contain all the expressly agreed terms
3. it must be signed by both parties
what is conveyance? - ANSWER the deed in unregistered land
What is transfer (of land)? - ANSWER the deed in registered land
Is it correct that a legal estate must be transferred or created by deed - ANSWER Yes
(s52(1) LPA 1925)
what are the requirements of a valid deed (s1 LP(MP)A)? - ANSWER 1. clear on the face
of the document that it is intended to be a deed
2. it must be validly executed (signed by individual and witness if seller = individual)
3. it must be delivered
how is a will validly executed if the seller is a company? - ANSWER if the seller is a
registered company, it can execute the deed in one of the following ways:
1. two directors signing
2. one director and a witness signing
3. one director and the company secretary signing
4. affixing the company seal
what does sale of unregistered land trigger? - ANSWER first registration
when does legal title pass in sale of registered land? - ANSWER on registration
when does legal title pass in sale of unregistered land? - ANSWER on completion of
