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Exam (elaborations)

Land Law Exam With Verified Detailed Answers (A+)

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  • Module
  • Land Law
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  • Land Law

Land Law Exam With Verified Detailed Answers (A+)...

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  • November 22, 2024
  • 22
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers
  • Land Law
  • Land Law
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2025-2026 Land Law Exam With Verified
Detailed Answers (A+)


What are the 2 types of personal property?

1. Choses in action

2. Choses in possession.



What is a profit a prendre in gross?

An interest in land independent of other land which enables the owner of the interest to
take something from the land of another (for example, timber or fish) and which may be
registered with its own title at HMLR.




True or false? It may be possible for a restrictive covenant to be enforceable against a
later owner of the burdened land, but a positive covenant might not be enforceable
against successors in title.

TRUE. A restrictive covenant may be enforced against successors in title, but a positive
covenant might not be enforceable against successors in title.



What does a valid deed require?

1. Made in writing

2. Clearly intended to be a deed

3. Must be executed as a deed.



For unregistered land a good root of title must be at least how old at the date of the
contract for sale?

15 years

,Explain what the epitome of title is

A bundle of office copies of documents of title to property together with a schedule of
the documents included in chronological order.




When does title pass with respect to a sale for unregistered land?

On completion of the sale.

In relation to unregistered land what is the distinction between legal and equitable
interests? i.e what are the formalities for creating a legal interest in unregistered land?

A legal interest in unregistered land MUST BE CREATED BY DEED.

Would a purchaser of unregistered land take the land subject to existing legal interests?

Yes. This is because if an interest is made by deed i.e. contained in the physical title
deeds (the epitome of title), it will be a LEGAL INTEREST.



In the unregistered land system, legal interests bind the world. This means a buyer
cannot argue they didn't have notice of the interest.



In the unregistered land system, how do you protect an equitable interest?

Most equitable interests must be registered on the Land Charges register.



What are the possible equitable interests that should be registered on the Land Charges
register?

c(i) puisnee mortgage

c(iv) estate contract

d(ii) restrictive covenant

d(iii) equitable eaesment

Class F land charge - to protect rights of non-legal occupants.

, True or false? In the unregistered system, a buyer is bound by legal interests
irrespective of whether they are aware of them, but a buyer is bound by equitable
interests only if the buyer is aware of them.

True.



How can a buyer of unregistered land be made aware of equitable interests?

1. Checking the Land Charges register to see if the interest is registered on there. If so,
this constitutes actual notice.

2. If the interest is not within the list of registrable interests, did the buyer have notice?
(actual, constructive, imputed)

3. Is the interest an interest that is capable of overriding first registration?



Purchasers of unregistered land are well-advised to verify the Land Charges register
and conduct a physical inspection of the property in order to verify the existence of any
non-legal owner occupiers.



What is a profit a prendre appurtenant?

An interest in land attached to another piece of land which enables the owner of the
interest to take something from the land of another (for example timber or fish) and
which may NOT be registered with its own title at HMLR.



What distinguishes a profit a prendre in gross from a profit a prendre appurtenant?

A profit a prendre in gross may exist independently of land and is capable of being
registered in its own right at HMLR.



A profit a prendre appurtenant cannot exist independently of land - it is an interest in
land attached to another piece of land and is not capable of being registered in its own
right at HMLR.




Generally, if land is unregistered, or where would a person find legal interests of third
parties which are attached to the land?

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