BPP University College Of Professional Studies Limited (BPP)
BPP University College Of Professional Studies Limited
Property Law & Practice
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PLP/Real Estate - ALL MCQs in course & FREE Anki cards!
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Property Law & Practice
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BPP University College Of Professional Studies Limited (BPP)
Property Law and Practice/Real Estate - ALL MCQs in course - FREE Anki cards! This is a document in spreadsheet format which contains all of the MCQ questions ever answered in the PLP course. It is helpfully separated by SGS and is 56 pages long in total. As many of these questions have been reprod...
BPP University College Of Professional Studies Limited (BPP)
BPP University College Of Professional Studies Limited
Property Law & Practice
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Question Answer
If a buyer pays the purchase money to two trustees, why does he not need to worry about the beneficial interests of any other co-
owners?
Select one:
a. Because any such interests will be overreached.
b. Because the rule of survivorship applies.
c. Because only two people can hold the legal estate.
d. Because the buyer only needs to worry about the legal estate, not any beneficial interests. The correct answer is: Because any such interests will be overreached.
Which is the best class of title?
Select one:
a. Title absolute
b. Qualified title
c. Possessory title
d. Good leasehold title The correct answer is: Title absolute
Which of the following documents are required to deduce title to registered land? Select all that apply.
Select one or more:
a. Estate agent's particulars.
b. Official copies of the register.
c. A survey report.
d. Title plan.
e. Copies of all documents referred to in the official copies. The correct answers are: Official copies of the register., Title plan., Copies of documents referred to in the official copies where the
f. Copies of documents referred to in the official copies where the relevant rights have not been fully extracted. relevant rights have not been fully extracted.
Which of the following entries are not fully extracted, so that the buyer's solicitor would need to see a copy of the underlying
conveyance? Select all which apply.
Select one or more:
a. The land has the benefit of a right of way contained in a conveyance dated 27 March 1970.
b. The land has the benefit of the following right contained in a conveyance dated 15 August 2000: a right of way on foot and with
vehicles over the roadway shown hatched black on the plan.
c. A conveyance of the land in this title dated 9 January 1937 contains restrictive covenants.
d. A conveyance of the land in this title dated 17 February 1900 contains restrictive covenants details of which are set out in the The correct answers are: The land has the benefit of a right of way contained in a conveyance dated 27 March 1970., A conveyance of
schedule of restrictive covenants. the land in this title dated 9 January 1937 contains restrictive covenants.
The correct answer is:
RESTRICTION: No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises
is to be registered unless authorised by an order of the court.
The following answers are incorrect:
Which of these entries relates to co-owners of the property? Select the correct one.
The Transfer to the Proprietors contains a covenant to observe and perform the covenants referred to in the Charges Register and of
Select one: indemnity in respect thereof - because this entry relates to the existence of an indemnity covenant given by the owner.
a. RESTRICTION: No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money
arises is to be registered unless authorised by an order of the court. RESTRICTION: no disposition of the registered estate by the proprietor of the registered estate is to be registered without the consent
b. The Transfer to the Proprietors contains a covenant to observe and perform the covenants referred to in the Charges Register and of signed by the proprietor for the time being of the charge dated the 17 June 2005 in favour of Redminister Building Society referred to in
indemnity in respect thereof. the charges register - this entry relates to the existence of a mortgage over the property.
c. RESTRICTION: no disposition of the registered estate by the proprietor of the registered estate is to be registered without the
consent signed by the proprietor for the time being of the charge dated the 17 June 2005 in favour of Redminister Building Society The correct answer is: RESTRICTION: No disposition by a sole proprietor of the registered estate (except a trust corporation) under
referred to in the charges register. which capital money arises is to be registered unless authorised by an order of the court.
If there is a restriction in the proprietorship register relating to co-owners of the property, this means that the co-owners hold as joint
tenants.
Select one:
True The correct answer is 'False'.
False
,DKT Limited ('DKT') is buying a property and is concerned about covenants that burden the land. In particular DKT is concerned that its
use as a textiles dyeing factory would breach a covenant which prohibits use as a factory. It has heard from the seller that the person
with the benefit of the covenant has indicated that they might consent to a breach of the covenant, for a price. What is the next step you
would recommend, in order to deal with this future breach?
Select ONE option from the list below:
Select one:
a. Either the client or your firm contacts the person with the benefit of the covenant and requests consent in writing for the proposed
breach.
b. Either the client or your firm (you are FCA authorised) contacts an insurance company and obtains a quote for an insurance policy in
respect of the proposed breach.
c. Either the client or your firm contacts the person with the benefit and requests an easement to use the premises as a textile dying
factory. The correct answer is: Either the client or your firm contacts the person with the benefit of the covenant and requests consent in writing
d. Either the client or your firm contacts the Upper Tribunal (Lands Chamber) to get the covenant waived or removed. for the proposed breach.
The following entry appears in the property register of the official copies of a property your client is purchasing:
"A right of way to pass and repass day or night on foot only over the land coloured blue. Note: the land coloured blue is shown hatched
black on the filed plan."
Which of the following statements in respect of this right are INCORRECT?
i) As the right of way is on foot only, adoption is not possible.
ii) The burden of the right of way should be registered in the charges register of the servient land.
iii) The purchaser will not have to contribute towards maintenance of the right of way as there is no obligation to do so mentioned in the
right.
iv) The right of way is not extracted and so you will need to see a copy of the deed granting the right.
v) If the right of way is not adequate for your client the solutions are either to seek insurance to cover breach, or approach the person
with the benefit or go to the Upper Tribunal (Lands Chamber) to have the right modified.
Select one:
a. All of them
b. None of them
c. i), iii), iv) and v)
d. ii), iii) and v) The correct answer is: i), iii), iv) and v)
The following extract from official copies for a freehold property in London contains the entire Proprietorship Register for that property.
Please read the extract and the information that follows and then answer the question below.
Proprietorship register
Title absolute
1. Proprietor(s): LUCY WATSON AND OWAIN HUTCHISON: of 1 Greenslade Avenue, London (W12 7JH).
2. The value as at 7 October 2001 was £375,000.
3. RESTRICTION: Except under an order of the Registrar no disposition by a proprietor of the land is to be registered without the
consent of the proprietor of the charge dated 7 October 2001 in favour of Rydale Bank referred to in the Charges Register.
The heads of terms for the sale of the above property state that Lucy Watson is the seller. Owain Hutchison has died.
Which ONE of the following statements is the most accurate advice to a buyer client on the issue of who will sell the property?
Select one:
a. Lucy Watson and Rydale Bank will sell the property together as Owain’s interest in the property passed to the Bank, who have a
mortgage over the property, on his death.
b. The restriction on the Proprietorship register indicates that the buyer must purchase the property from Rydale Bank.
c. Lucy Watson and Owain Hutchison held the property as tenants in common so the buyer would need to see an official copy of Owain
Hutchison’s death certificate and a second trustee should be appointed to receive the purchase monies with Lucy Watson thereby
overreaching any beneficial interests in the property. Both Lucy and the second trustee will be the sellers.
d. Lucy Watson can sell on her own as she and Owain Hutchison held the property as beneficial joint tenants and on Owain’s death his
beneficial interest passed to Lucy under the doctrine of survivorship so the buyer just needs to see an official copy of Owain’s death
certificate.
,Which ONE of the following statements regarding title investigation is INCORRECT?
Select one:
a. If the property does not benefit from a right of way across third party land this is not a concern provided the property is directly next to
a public highway.
b. Insurance is a possible option for a future breach of a positive covenant.
c. If there is a mortgage restriction on the official copies then the mortgagee’s consent must be obtained before the whole of the
property can be sold. The correct answer is: If there is a mortgage restriction on the official copies then the mortgagee’s consent must be obtained before the
d. Past breaches of positive covenants are usually remediable. whole of the property can be sold.
You are investigating title to a freehold property at 12 Kingsview Drive, Nottingham NG16 1BQ which is going to be sold by Pamela
Richardson and David Earls who hold the property as legal and beneficial joint tenants. There is a mortgage over the property with
Evesdale Bank dated 5 September 1992 which will be discharged on completion. Pamela and David had to give an indemnity covenant
to their seller when they bought the property in respect of a positive covenant to build a fence on the northern boundary of the property
which was contained in a conveyance dated 2 March 1925 between Frederick Green (“Vendor”) and Ralph Knapsley (“Purchaser”).
Select all those of the following entries which will appear in the current Proprietorship register of the official copies of 12 Kingsview
Drive:
Select one or more:
a. A conveyance of the land in this title dated 2 March 1925 made between Frederick Green (“Vendor”) and Ralph Knapsley
(“Purchaser”) contains the following covenant: the Purchaser shall within three months from the date of its purchase erect (if not already
erected) and afterwards maintain in good condition a good and sufficient fence on the sides of the plot marked “T” on the plan.
The “T” mark affects the northern boundary of the land in this title.
b. The Transfer to the proprietor(s) contains a covenant to observe and perform the covenants referred to in the Charges Register and
of indemnity in respect thereof.
c. RESTRICTION: No disposition by a sole proprietor of the land (not being a trust corporation) under which capital money arises is to The correct answers are: The Transfer to the proprietor(s) contains a covenant to observe and perform the covenants referred to in the
be registered except under an order of the Registrar or of the court. Charges Register and of indemnity in respect thereof., RESTRICTION: Except under an order of the Registrar no disposition by the
d. RESTRICTION: Except under an order of the Registrar no disposition by the proprietor of the land is to be registered without the proprietor of the land is to be registered without the consent of the proprietor of the charge dated 5 September 1992 in favour of Evesdale
consent of the proprietor of the charge dated 5 September 1992 in favour of Evesdale Bank referred to in the Charges Register. Bank referred to in the Charges Register., Proprietor(s): PAMELA RICHARDSON AND DAVID EARLS: of 12 Kingsview Drive,
e. Proprietor(s): PAMELA RICHARDSON AND DAVID EARLS: of 12 Kingsview Drive, Nottingham NG16 1BQ. Nottingham NG16 1BQ.
The statement is false for two reasons:
1) The Land Registry will set out the fact that an indemnity covenant has been given by the seller, (but not the wording of the indemnity
covenant itself); and
2) The Land Registry will note this on the Proprietorship Register (not the Charges Register).
If the seller gave an indemnity covenant when it bought the property, the wording of the indemnity covenant would appear in the If the seller gave an indemnity covenant, the buyer will also have to give a similar one when it buys the property and this will make a
Charges Register. positive covenant indirectly (contractually) binding on the buyer.
Select one: See further paragraph 5.4 of Chapter 1.
True
False The correct answer is 'False'.
, Question Answer
What is meant by "a local authority search"?
Select one:
a. Two separate searches: a local land charges search on Form LLC1 and enquiries of the local
authority on Form CON 29 and (if some of the optional enquiries are raised) CON 29O.
b. A local land charges search on Form LLC1.
c. Enquiries of the local authority on Form CON 29 and (if some of the optional enquiries are The correct answer is: Two separate searches: a local land charges search on
raised) CON 29O. Form LLC1 and enquiries of the local authority on Form CON 29 and (if some of
d. Three separate searches: a local land charges search on Form LLC1, enquiries of the local the optional enquiries are raised) CON 29O.
authority on Form CON 29 and additional enquiries on Form CON 29O.
What is the basic principle of environmental liability in England and Wales?
Select one:
a. The polluter pays.
b. The polluter pays, but subsequent owners may also be liable. The correct answer is: The polluter pays, but subsequent owners may also be
c. Only the current owner is liable. liable.
d. Only the current occupier is liable.
What is the effect of a property being in a conservation area? Tick all the answers which apply.
Select one or more:
a. Any planning permission granted for development of the property is likely to be subject to more
onerous conditions than if the property was outside of the conservation area.
b. The GPDO may be disapplied, so that even minor alterations to buildings would require an
application for planning permission.
c. It will be impossible to obtain planning permission for any proposed development of the The correct answers are: Official copies of the register., Title plan., Copies of
property. documents referred to in the official copies where the relevant rights have not been
d. Constructing new buildings is prohibited. fully extracted.
Which of the following entries are not fully extracted, so that the buyer's solicitor would need to
see a copy of the underlying conveyance? Select all which apply.
Select one or more:
a. The land has the benefit of a right of way contained in a conveyance dated 27 March 1970.
b. The land has the benefit of the following right contained in a conveyance dated 15 August The correct answers are: Any planning permission granted for development of the
2000: a right of way on foot and with vehicles over the roadway shown hatched black on the plan. property is likely to be subject to more onerous conditions than if the property was
c. A conveyance of the land in this title dated 9 January 1937 contains restrictive covenants. outside of the conservation area., The GPDO may be disapplied, so that even
d. A conveyance of the land in this title dated 17 February 1900 contains restrictive covenants minor alterations to buildings would require an application for planning permission.
details of which are set out in the schedule of restrictive covenants.
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