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Land Law SBAQs Exam With Complete Solutions Latest Update
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Land Law SBAQs Exam With Complete SolutionsLatest Update
U1P1
Which one of the following items will usually be considered to be a chattel?
A Fitted kitchen units
B Built-in oven and hob
C Free-standing fridge
D Bathroom sink
E Fitted wardrobes - ANSWER Only Option C is correct. See the case of TSB v Botham
[1995] EGCS 3
U1P2
Which one of the interests listed below is capable of existing as a legal interest in land?
A An easement
B An interest of a beneficiary under a trust
,C An estate contract
D An option
E A restrictive covenant - ANSWER A is the correct answer.
An easement is the only interest in the list that is capable of being a legal interest in land
- s.1(2) Law of Property Act 1925 (although certain formalities will have to be complied
with for it to be valid). All the other interests are only capable of existing as equitable
interests - s.1(3) Law of Property Act 1925.
U1P3
Which one of the following transactions does not require a deed to be valid at law?
A Grant of a legal lease for two years with immediate possession
B Sale of an existing legal lease
C Grant of a legal lease for a term of five years
D The sale of a freehold - ANSWER A is the correct answer.
The grant of a legal lease for two years with immediate possession falls within the
exemption to s.52 LPA that legal leases for not more than three years may be created
either orally or in writing - see s.54(2) LPA 1925. However, the sale of an existing lease is
the transfer of a legal estate in land and must be by deed. The grant of legal lease for
five-year term and the sale of a freehold have to be in deed.
U1P4
,Is the following statement True or False?
A contract to create or convey an interest in land will be void if it does not either contain
all the terms the parties have agreed or refers to some other document which contains
the terms the parties have agree. - ANSWER True.
Authority for this s.2(2) Law of Property (Miscellaneous Provisions) Act 1989
U1P5
Which one of the following is not an example of an estate contract?
A An option to purchase land
B An equitable lease
C A contract for a sale of land
D An interest of a beneficiary under a trust - ANSWER D is correct.
An interest of a beneficiary under a trust is not an estate contract, nor a contract to
create or convey a legal estate in land. All the other interests are capable of being
estate contracts and recognised by equity, provided the requirements of s.2 of the Law
of Property (Miscellaneous Provisions) Act 1989 have been met.
U1P6
Which one or more of the following statements is or are correct?
, To get credit for this question you must identify all correct statements.
A All land in England and Wales belongs to the Crown
B The Crown has the right to occupy all the land in England and Wales
C There are only two LEGAL estates in land
D A person owning an estate in land can create out of it a lesser estate - ANSWER A, C
and D are correct.
The fact remains that all land in England and Wales belongs to the Crown; however,
while there is a freeholder or a leaseholder in possession, the right to occupy such
lands cannot be exercised by the Crown. There are only two legal estates in land, the
fee simple absolute in possession, otherwise known as the freehold, and the term of
years absolute in possession, otherwise known as the leasehold. A person owning an
estate can create out of it a lesser estate, e.g., the owner of a freehold estate can grant
a leasehold estate. "Fee" means that an estate is capable of being inherited and
"simple" signifies that it may pass to any class of heir.
U1P7
Which one of the following answers is the correct statutory provision to match with the
statement below?
All contracts for the sale of an interest in land must be in writing, contain all the agreed
terms and be signed by or on behalf of the parties to the contract.
A s.54(2) Law of Property Act 1925
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