Land SQE FLK2 questions & complete solutions already passed
1. Third party New owner of land burdened with the right
2. proprietary Can be enforced by an action in rem, meaning
rights use/pos- session of the land can be recovered
Enforceable against TP
3. personal rights Enforced by personal action for damages if right
breached Only bind the original parties
4. Fixed list of The freehold estate
pro- prietary • The leasehold estate
rights •An easement
•A mortgage
•A restrictive covenant
•An estate contract
Beneficial interest in a trust of land
Must have the required substantive
5. Determining characteristics Creation - may have to
whether observe formalities
proprietary If is proprietary, need to see if can be enforced
right against TPs
6. estate A proprietary right of possession is called an estate
in land
7. Freehold Estate Fee simple absolute in possession (LPA 1925,
s1(1)(a)) Passed with inheritance
8. Leasehold Estate Certain duration, estate granted a term of years
absolute (LPA 1925 s1(1)(b))
Tenant may grant a lease for a lesser duration
than there own to create a sub-lease
9. Commonhold Commonhold was introduced by the
Commonhold and Leasehold Reform Act 2002 in
order to meet the needs of owners of flats or
apartments and other properties where the
owners are interdependent on each other (i.e.
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, Land SQE FLK2 questions & complete solutions already passed
retirement home). It is not estate but is created
out of an absolute freehold registered estate.
10. Interest in land Proprietary right of limited ue
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, Land SQE FLK2 questions & complete solutions already passed
11. Incumbrances Interest in land
12. Legal interests •Mortgages
in land (closed • Easements granted for a term equivalent to a
list) s1(2) LPA freehold or leasehold estate (ie forever or for a
certain term)
•Rights of entry
13. Equitable inter-
ests in land Freehold covenants
(closed list) •Estate contracts
s1(3) LPA •Interests in a trust of land
•Easements granted for an uncertain term
14. mortgage Legal interest LPA s1(2)(c)
A mortgage can be defined as a loan of cash, which
is secured by rights granted over property. These
rights include the right to possess and sell the
land in the event of default in the mortgage
repayments.
It is the borrower that grants the mortgage, not the
lender.
15. Easement An easement is a proprietary right to use land whic
belongs to somebody else. The use is more limited
than an exclusive right to occupy or use.
An easement must be granted for a term equivalent
to one of the legal estates (ie forever, like the
freehold, or for a certain period, like a lease) to be
a legal easement: LPA 1925, s 1(2)(a). If the
easement is granted for an uncertain duration, it
is only capable of being an equitable easement.
16. Right of Entry Legal interest LPA s1(2)(e)
Is either:
A right for a landlord to re-enter leased premises
and end the leasehold estate in the event of
tenant default or some other specified event
occurring; or
• A rentcharge owner's right to hold the land if
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1. Third party New owner of land burdened with the right
2. proprietary Can be enforced by an action in rem, meaning
rights use/pos- session of the land can be recovered
Enforceable against TP
3. personal rights Enforced by personal action for damages if right
breached Only bind the original parties
4. Fixed list of The freehold estate
pro- prietary • The leasehold estate
rights •An easement
•A mortgage
•A restrictive covenant
•An estate contract
Beneficial interest in a trust of land
Must have the required substantive
5. Determining characteristics Creation - may have to
whether observe formalities
proprietary If is proprietary, need to see if can be enforced
right against TPs
6. estate A proprietary right of possession is called an estate
in land
7. Freehold Estate Fee simple absolute in possession (LPA 1925,
s1(1)(a)) Passed with inheritance
8. Leasehold Estate Certain duration, estate granted a term of years
absolute (LPA 1925 s1(1)(b))
Tenant may grant a lease for a lesser duration
than there own to create a sub-lease
9. Commonhold Commonhold was introduced by the
Commonhold and Leasehold Reform Act 2002 in
order to meet the needs of owners of flats or
apartments and other properties where the
owners are interdependent on each other (i.e.
1/
29
, Land SQE FLK2 questions & complete solutions already passed
retirement home). It is not estate but is created
out of an absolute freehold registered estate.
10. Interest in land Proprietary right of limited ue
2/
29
, Land SQE FLK2 questions & complete solutions already passed
11. Incumbrances Interest in land
12. Legal interests •Mortgages
in land (closed • Easements granted for a term equivalent to a
list) s1(2) LPA freehold or leasehold estate (ie forever or for a
certain term)
•Rights of entry
13. Equitable inter-
ests in land Freehold covenants
(closed list) •Estate contracts
s1(3) LPA •Interests in a trust of land
•Easements granted for an uncertain term
14. mortgage Legal interest LPA s1(2)(c)
A mortgage can be defined as a loan of cash, which
is secured by rights granted over property. These
rights include the right to possess and sell the
land in the event of default in the mortgage
repayments.
It is the borrower that grants the mortgage, not the
lender.
15. Easement An easement is a proprietary right to use land whic
belongs to somebody else. The use is more limited
than an exclusive right to occupy or use.
An easement must be granted for a term equivalent
to one of the legal estates (ie forever, like the
freehold, or for a certain period, like a lease) to be
a legal easement: LPA 1925, s 1(2)(a). If the
easement is granted for an uncertain duration, it
is only capable of being an equitable easement.
16. Right of Entry Legal interest LPA s1(2)(e)
Is either:
A right for a landlord to re-enter leased premises
and end the leasehold estate in the event of
tenant default or some other specified event
occurring; or
• A rentcharge owner's right to hold the land if
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