Exam (elaborations)
SQE Land Law Exam With Complete Solutions 100% Verified
- Module
- Institution
SQE Land Law Exam With Complete Solutions 100% Verified...
[Show more]
Seller
Follow
Braxton
Reviews received
Content preview
SQE Land Law Exam With Complete Solutions100% Verified
What are the rights on the 'fixed list' of rights with proprietary status? - ANSWER 1.
Freehold estate
2. leasehold estate
3. easements
4. mortgages
5. restrictive covenants
6. estate contracts
7. BI in a trust of land
How can a proprietary right in land be enforced? - ANSWER (action in rem) use or
possession of the land can be recovered
(ie. not just damages)
How does one enforce a personal right in land? - ANSWER only by a personal action for
damages
.ie. use, or occupation, of right cannot be recovered
what is commonhold? - ANSWER A variety of freehold. It is not a new estate in the land,
but a creation upon a freehold registered estate.
The commonhold association = freehold owner --> responsible for maintaining
communal areas of building
owner of each flat = member of association
,(example = retirement homes)
Proprietary rights - ANSWER if a right has not been recognised by s1 LPA 1925 then it
will only ever be personal in nature
(eg. licence)
what interests are capable of existing at law (s1(2) LPA)? - ANSWER 1. mortgages
2. easements granted in perpetuity or for a term of years (and rights to apply)
3. rights of entry
4. rentcharges
what interests are equitable interests (s1(3) LPA)? - ANSWER 1. freehold covenants
2. estate contracts
3. interests in a trust of land
4. easements granted for an uncertain term
what is a mortgage? - ANSWER A bundle of rights granted over property in return for an
advance of money
/rss include right to possession and sale of the land in the event of default in repayments
of the mortgage
who gives a mortgage? - ANSWER The borrower
(NOT the lender)
what is an easement? - ANSWER A proprietary right to use land belonging to another
person
(more limited than exclusive right to use or occupy)
,when will an easement be a legal/equitable interest? - ANSWER To be a legal easement
it must be granted either for a term certain or in perpetuity.
If it is granted for an uncertain term then it can only be an equitable easement
what is a rentcharge? - ANSWER A legal right to receive a periodic sum paid by the
owner of the land
what is a restrictive covenant? - ANSWER A promise not to do something in relation to
land
(NOT an interest in land)
express trust of land - ANSWER Trustee = legal owner of land
Beneficiary = equitable interest in land
what remedies are available for a legal interest? - ANSWER damages as of course (ie.
automatically) and equitable remedies may also be available
what remedies are available for an equitable interest? - ANSWER not entitled to
damages as of right + remedies granted are entirely at discretion of court
in what ways can a freehold estate be transferred? - ANSWER 1. sale
2. will
3. gift
4. operation of law (eg. bankruptcy - automatic transfer)
What happens at the point of exchange? - ANSWER The parties become legally
committed to buy/sell the land
, what provisions must land contracts comply with (s2 LP(MP)A 1989) - ANSWER 1. the
contract has got to be in writing
2. it must contain all the expressly agreed terms
3. it must be signed by both parties
what is conveyance? - ANSWER the deed in unregistered land
What is transfer (of land)? - ANSWER the deed in registered land
Is it correct that a legal estate must be transferred or created by deed - ANSWER Yes
(s52(1) LPA 1925)
what are the requirements of a valid deed (s1 LP(MP)A)? - ANSWER 1. clear on the face
of the document that it is intended to be a deed
2. it must be validly executed (signed by individual and witness if seller = individual)
3. it must be delivered
how is a will validly executed if the seller is a company? - ANSWER if the seller is a
registered company, it can execute the deed in one of the following ways:
1. two directors signing
2. one director and a witness signing
3. one director and the company secretary signing
4. affixing the company seal
what does sale of unregistered land trigger? - ANSWER first registration
when does legal title pass in sale of registered land? - ANSWER on registration
when does legal title pass in sale of unregistered land? - ANSWER on completion of
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller Braxton. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £12.33. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
71947 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy revision notes and other study material for 14 years now