Land law
Master sheet SBAQs
Unit 1
Question 1
Which one of the following items will usually be considered to be a
chattel?
A. Fitted kitchen units
B. Built-in oven and hob
C. Free-standing fridge
D. Bathroom sink
E. Fitted wardrobes
Feedback
Right . Only Option C is correct. See the case of TSB v Botham [1995]
EGCS 3
Question 2
Which one of the interests listed below is capable of existing as a legal
interest in land?
A. An easement
B. An interest of a beneficiary under a trust
C. An estate contract
D. An option
E. A restrictive covenant
You are correct - an easement is the only interest in the list that is capable
of being a legal interest in land - s.1(2) Law of Property Act 1925 (although
certain formalities will have to be complied with for it to be valid). All the
other interests are only capable of existing as equitable interests - s.1(3)
Law of Property Act 1925.
Question 3
Which one of the following transactions does not require a deed to be
valid at law?
A. Grant of a legal lease for two years with immediate possession
B. Sale of an existing legal lease
C. Grant of a legal lease for a term of five years
D. The sale of a freehold
You are correct – the grant of a legal lease for two years with immediate
possession comes within the exception to s.52 LPA that legal leases for
not more than three years can be created orally or in writing – see s.54(2)
LPA 1925. However, the sale of an existing lease is the transfer of a legal
estate in land and is required to be by deed. The grant of a legal lease for
a term of five years and the sale of a freehold must be completed by
deed.
,Question 4
Is the following statement True or False?
A contract to create or convey an interest in land will be void if it does not
either contain all the terms the parties have agreed or refers to some
other document which contains the terms the parties have agree.
A. True
B. False
Feedback
You are right - authority for this s.2(2) Law of Property (Miscellaneous
Provisions) Act 1989
Question 5
Which one of the following is not an example of an estate contract?
A. An option to purchase land
B. An equitable lease
C. A contract for a sale of land
D. An interest of a beneficiary under a trust
Feedback
Well done - Option D is the correct answer. An interest of a beneficiary
under a trust is not a contract to create or convey a legal estate in land.
All the other interests are capable of being estate contracts and
recognised by equity, provided the requirements of s.2 of the Law of
Property (Miscellaneous Provisions) Act 1989 have been met.
Question 6
Which one or more of the following statements is or are correct?
To obtain credit for this question you must identify all correct statements.
A. All land in England and Wales belongs to the Crown
B. The Crown has the right to occupy all the land in England and Wales
C. There are only two LEGAL estates in land
D. A person owning an estate in land can create out of it a lesser estate
Feedback
Well done you are correct. Statements A, C and D are correct.
All land in England and Wales does belong to the Crown but the Crown
does not have the right to occupy it whilst there is a freeholder or
leaseholder in possession. There are only two legal estates in land, the fee
simple absolute in possession (the freehold) and the term of years
absolute in possession (the leasehold). A person owning an estate can
create out of it a lesser estate, e.g., the owner of a freehold estate can
grant a leasehold estate. "Fee" means that an estate is capable of being
inherited and "simple" signifies that it may pass to any class of heir.
,Question 7
Which one of the following answers is the correct statutory provision to
match with the statement below?
All contracts for the sale of an interest in land must be in writing, contain
all the agreed terms and be signed by or on behalf of the parties to the
contract.
A. s.54(2) Law of Property Act 1925
B. s.2 Law of Property (Miscellaneous Provisions) Act 1989
C. s.52 Law of Property Act 1925
D. s.53(1)(b) Law of Property Act 1925
Feedback
Unfortunately, your are not correct - s.2 LP(MP)A 1989 governs the
formation of contracts for the sale of interests in land; s.52 LPA 1925
provides that a legal estate can only be passed by deed; s.54(2) LPA 1925
deals with the creation of legal leases for not more than three years and
s.53(1)(b) deals with the formalities for the express creation of a trust in
land.
Question 8
Is the following statement True or False?
After exchange of contracts, the buyer has an equitable interest in the
property.
A. True
B. False
Feedback
You are right – the statement is true. The exchange of contracts is the first
stage in a conveyancing transaction. At this stage the buyer only has an
equitable interest in the property. Legal title to the property does not pass
until completion has taken place and the legal formalities have been
completed.
Question 9
Which one of the following characteristics is not essential for a leasehold
estate to exist?
A. Certainty of duration
B. Ownership of an adjoining piece of land
C. Exclusive possession
Feedback
You are correct - for a leasehold estate to exist there must be certainty of
duration and the tenant (ie. the owner of the leasehold estate) must have
exclusive possession of the land (ie. the right to exclude everyone from
, the land, including the landlord). There is no requirement for a tenant or
landlord to own an adjoining piece of land for a leasehold estate to exist
Question 10
Is the following statement True or False?
When a seller vacates the property, they may be able to remove fixtures
that were present on the property at the time the contract was entered
into.
A. True
B. False
Feedback
Your answer is incorrect- the statement is true. The seller is permitted to
remove fixtures present on the property when the contract was entered
into, but only if they have reserved the right to remove them in the
contract.
Question 1
A freehold owner entered an agreement (not in the form of a deed) to
grant a five year lease with a tenant. The parties have never formalised
the arrangement.
Which of the following answers best describes the circumstances in which
equity would intervene to recognise the arrangement?
A. The agreement must state that it is a deed, be signed, witnessed,
delivered and the tenant must have clean hands.
B. The agreement must be in writing and signed as the interest is not
capable of being legal.
C. The agreement must be in writing, signed, contain all the expressly
agreed terms and the tenant must have clean hands.
D. The agreement must be formalised by deed.
E. The agreement must be in writing, signed, contain all the expressly
agreed terms and the freehold owner must have clean hands.
Feedback
Option C is correct. Equity may intervene to recognise the agreement if
there is a contract complying with s2 of the Law of Property
(Miscellaneous Provisions) Act 1989 (which requires the written contract to
incorporate all the expressly agreed terms and be signed by or on behalf
of all parties) and the tenant has clean hands (Walsh v Lonsdale).
Option A is not the best answer as it omits the need for the contract to
comply with s2 LPMPA, in particular the need for the contract to
incorporate all the expressly agreed terms.
Option B is wrong. A lease is capable of being legal.
Master sheet SBAQs
Unit 1
Question 1
Which one of the following items will usually be considered to be a
chattel?
A. Fitted kitchen units
B. Built-in oven and hob
C. Free-standing fridge
D. Bathroom sink
E. Fitted wardrobes
Feedback
Right . Only Option C is correct. See the case of TSB v Botham [1995]
EGCS 3
Question 2
Which one of the interests listed below is capable of existing as a legal
interest in land?
A. An easement
B. An interest of a beneficiary under a trust
C. An estate contract
D. An option
E. A restrictive covenant
You are correct - an easement is the only interest in the list that is capable
of being a legal interest in land - s.1(2) Law of Property Act 1925 (although
certain formalities will have to be complied with for it to be valid). All the
other interests are only capable of existing as equitable interests - s.1(3)
Law of Property Act 1925.
Question 3
Which one of the following transactions does not require a deed to be
valid at law?
A. Grant of a legal lease for two years with immediate possession
B. Sale of an existing legal lease
C. Grant of a legal lease for a term of five years
D. The sale of a freehold
You are correct – the grant of a legal lease for two years with immediate
possession comes within the exception to s.52 LPA that legal leases for
not more than three years can be created orally or in writing – see s.54(2)
LPA 1925. However, the sale of an existing lease is the transfer of a legal
estate in land and is required to be by deed. The grant of a legal lease for
a term of five years and the sale of a freehold must be completed by
deed.
,Question 4
Is the following statement True or False?
A contract to create or convey an interest in land will be void if it does not
either contain all the terms the parties have agreed or refers to some
other document which contains the terms the parties have agree.
A. True
B. False
Feedback
You are right - authority for this s.2(2) Law of Property (Miscellaneous
Provisions) Act 1989
Question 5
Which one of the following is not an example of an estate contract?
A. An option to purchase land
B. An equitable lease
C. A contract for a sale of land
D. An interest of a beneficiary under a trust
Feedback
Well done - Option D is the correct answer. An interest of a beneficiary
under a trust is not a contract to create or convey a legal estate in land.
All the other interests are capable of being estate contracts and
recognised by equity, provided the requirements of s.2 of the Law of
Property (Miscellaneous Provisions) Act 1989 have been met.
Question 6
Which one or more of the following statements is or are correct?
To obtain credit for this question you must identify all correct statements.
A. All land in England and Wales belongs to the Crown
B. The Crown has the right to occupy all the land in England and Wales
C. There are only two LEGAL estates in land
D. A person owning an estate in land can create out of it a lesser estate
Feedback
Well done you are correct. Statements A, C and D are correct.
All land in England and Wales does belong to the Crown but the Crown
does not have the right to occupy it whilst there is a freeholder or
leaseholder in possession. There are only two legal estates in land, the fee
simple absolute in possession (the freehold) and the term of years
absolute in possession (the leasehold). A person owning an estate can
create out of it a lesser estate, e.g., the owner of a freehold estate can
grant a leasehold estate. "Fee" means that an estate is capable of being
inherited and "simple" signifies that it may pass to any class of heir.
,Question 7
Which one of the following answers is the correct statutory provision to
match with the statement below?
All contracts for the sale of an interest in land must be in writing, contain
all the agreed terms and be signed by or on behalf of the parties to the
contract.
A. s.54(2) Law of Property Act 1925
B. s.2 Law of Property (Miscellaneous Provisions) Act 1989
C. s.52 Law of Property Act 1925
D. s.53(1)(b) Law of Property Act 1925
Feedback
Unfortunately, your are not correct - s.2 LP(MP)A 1989 governs the
formation of contracts for the sale of interests in land; s.52 LPA 1925
provides that a legal estate can only be passed by deed; s.54(2) LPA 1925
deals with the creation of legal leases for not more than three years and
s.53(1)(b) deals with the formalities for the express creation of a trust in
land.
Question 8
Is the following statement True or False?
After exchange of contracts, the buyer has an equitable interest in the
property.
A. True
B. False
Feedback
You are right – the statement is true. The exchange of contracts is the first
stage in a conveyancing transaction. At this stage the buyer only has an
equitable interest in the property. Legal title to the property does not pass
until completion has taken place and the legal formalities have been
completed.
Question 9
Which one of the following characteristics is not essential for a leasehold
estate to exist?
A. Certainty of duration
B. Ownership of an adjoining piece of land
C. Exclusive possession
Feedback
You are correct - for a leasehold estate to exist there must be certainty of
duration and the tenant (ie. the owner of the leasehold estate) must have
exclusive possession of the land (ie. the right to exclude everyone from
, the land, including the landlord). There is no requirement for a tenant or
landlord to own an adjoining piece of land for a leasehold estate to exist
Question 10
Is the following statement True or False?
When a seller vacates the property, they may be able to remove fixtures
that were present on the property at the time the contract was entered
into.
A. True
B. False
Feedback
Your answer is incorrect- the statement is true. The seller is permitted to
remove fixtures present on the property when the contract was entered
into, but only if they have reserved the right to remove them in the
contract.
Question 1
A freehold owner entered an agreement (not in the form of a deed) to
grant a five year lease with a tenant. The parties have never formalised
the arrangement.
Which of the following answers best describes the circumstances in which
equity would intervene to recognise the arrangement?
A. The agreement must state that it is a deed, be signed, witnessed,
delivered and the tenant must have clean hands.
B. The agreement must be in writing and signed as the interest is not
capable of being legal.
C. The agreement must be in writing, signed, contain all the expressly
agreed terms and the tenant must have clean hands.
D. The agreement must be formalised by deed.
E. The agreement must be in writing, signed, contain all the expressly
agreed terms and the freehold owner must have clean hands.
Feedback
Option C is correct. Equity may intervene to recognise the agreement if
there is a contract complying with s2 of the Law of Property
(Miscellaneous Provisions) Act 1989 (which requires the written contract to
incorporate all the expressly agreed terms and be signed by or on behalf
of all parties) and the tenant has clean hands (Walsh v Lonsdale).
Option A is not the best answer as it omits the need for the contract to
comply with s2 LPMPA, in particular the need for the contract to
incorporate all the expressly agreed terms.
Option B is wrong. A lease is capable of being legal.
