PGDL Land Law STUDY Guide With Complete Questions And Answers.

What is the focus of the study of land law? - correct answers Rights in the land A person describes themselves as the owner of a piece of land, which includes a house and garden. What do they own? - correct answer sA right to possess the land Which of the following pieces of statute is the foundation of modern land law? - correct answers The law of property act 1925 What correctly describes the process you must go through to determine if a right being claimed is proprietary or not? - correct answers Determine if the right is on the list of recognised proprietary rights, whether it satisfies the substantive characteristics, and has been created/ acquired in accordance with the formalities for the right What type of right is it, if it is capable of being enforced against third parties? - correct answers Proprietary Right What is a lease? - correct answers A lease is a proprietary right which is enforceable in rem What is a right to store - correct answers It is an easement if registered at the Land Registry Describe an estate in land - correct answers A right to possess the land What is the technical name for a freehold estate? - correct answers Fee simple absolute in possession Does the freeholder need to be physically in possession of a piece of land - correct answers No What is a proprietary right to possess land for 125 years - correct answers A leasehold estate Three steps to transfer the freehold estate - correct answers exchange of contracts, completion of the deed, registration What is not necessary to legal transfer the land - correct answers Contract What is the statutory authority for the rule that a deed must be used to transfer a freehold estate? - correct answers LPA 1925, s 52 When is the buyer recognised as being the legal owner of the land during the transfer of unregistered land - correct answers Completion of the transfer Deed What is compulsory land registration - correct answers The requirement to register all land. Transfer will trigger the requirement. Requirements of LP (MP) A 1989 s.2 - correct answers Valid Land Contract: Contract must be in writing, it must contain all expressly agreed terms, it must be signed by both parties Requirements of LP (MP) A 1989 s.1 - correct answers Valid Deed: Intended to be a deed (called a deed), validly executed (signed and witnessed), delivered (dated) Can a land contract be signed by both parties on different documents - correct answers Yes, 2(1) permits all the terms to be in two documents provided they are identical What is an agreement for lease - correct answersA contract to enter into a lease in the future What does it mean to be a proprietary right - correct answersEnforceable in rem and against third parties What statute includes the list of legal interests - correct answersLPA 1925, S 1(2) Which register contains details of the class of title? - correct answersProprietorship Register Which register in any copy contains the details of any easements that burden land? - correct answersCharges Register Which register is an official copy contains the details of any rights that benefit a piece of land? - correct answersProperty Register What class of title is used if the Registry is satisfied as to the ownership of the estate and there is no defect with the title? - correct answersAbsolute Title Which of the following best explains why the Mirror Principle of land registration has never fully been realised? - correct answersCertain interests do not need to be registered but will still be binding on a third party What is the insurance principle - correct answersthe accuracy of the register is guaranteed by the state What is a lease - correct answersRecognised proprietary right in land, 'term of years absolute' What is a licence - correct answersConfers personal permission to be on someone's land How is a lease enforceable - correct answersIn rem How is a licence enforceable - correct answersIn personam What must there be for a lease to exist - correct answersCertainty of term, exclusive possession, correct formalitites What is an express periodic tenancy - correct answersWhere there is a written agreement documenting the agreement What is an implied periodic tenancy - correct answersWhere the certain term arises by looking objectively at all relevant circumstances including payment and acceptance of rent What is a periodic term - correct answersA lease for one period: goes on until either landlord or tenant give notice Prudential Assurance Co Ltd V London Residuary Body - correct answersAn uncertain period can be ignored if payment of rent and virtue of possession imply a periodic tenancy What is exclusive possession - correct answersWhen the occupier is able to exclude everyone from the flat including the landlord When determining a sham clause - correct answers The courts will look beyond the label, at the reality of the situation When can their be exclusive possession despite retention of a key - correct answers When access is restricted