CILEx L6 Property Law and Conveyancing 2

Question 1

What is the doctrine of adverse possession under the Land Registration Act 2002 and how does it differ from the pre-2002 regime?

Accepted Answer

Under the LRA 2002, a squatter may apply for registration after 10 years of adverse possession; the registered proprietor is then notified and has 65 business days to object, and if they do, the application fails unless the squatter can rely on one of three limited exceptions in Schedule 6 paragraph 5

Answer

Adverse possession has been abolished for all registered land

Answer

The squatter automatically becomes the owner after 12 years, as under the old law

Answer

Adverse possession only applies to unregistered land after 2002

Question 2

In a conveyancing transaction, what searches should a buyer's solicitor conduct before exchange of contracts and why?

Accepted Answer

A comprehensive set of searches including local authority search (LLC1 and CON29R), environmental search, drainage and water search, Land Registry search (official copies and official search with priority), bankruptcy search against the buyer, and any location-specific searches (e.g., mining, chancel repair) to identify matters that may affect the property or the buyer's use of it

Answer

Only a local authority search is required

Answer

No searches are necessary if the property is registered

Answer

Searches are only required for commercial properties

Question 3

What is the effect of co-ownership on the legal and equitable title to land under a trust of land imposed by the Trusts of Land and Appointment of Trustees Act 1996 (TLATA)?

Accepted Answer

The legal title is held by the co-owners as joint tenants on trust, while the equitable/beneficial interest may be held as joint tenants or tenants in common; TLATA imposes a trust of land and grants trustees powers of an absolute owner, subject to the beneficiaries' rights of occupation under ss.12-13

Answer

Co-owners each hold a separate legal title to their share

Answer

Co-ownership only arises when property is held by married couples

Answer

TLATA has been replaced by the Land Registration Act 2002

Question 4

What are the seller's duties of disclosure in a conveyancing transaction for registered land?

Accepted Answer

Under the Standard Conditions of Sale and the Law Society's Conveyancing Protocol, the seller must disclose all latent defects in title, incumbrances, and answer the Property Information Form (TA6) honestly; the seller has no duty to disclose physical defects under caveat emptor, but must not misrepresent or conceal known defects

Answer

The seller has no duty of disclosure whatsoever

Answer

The seller must disclose all physical defects in the property

Answer

The seller's only duty is to provide official copies of the title register

Question 5

What is the significance of the priority period obtained through an official search with priority (OS1/OS2) at HM Land Registry?

Accepted Answer

It provides a priority period of 30 business days during which the buyer's application for registration will take priority over any other application or entry made during that period, protecting the buyer against dealings by the seller after the search date

Answer

It guarantees that the buyer will obtain good title

Answer

It prevents the seller from selling the property to anyone else permanently

Answer

It is only relevant for unregistered land

Question 6

Under the Housing Act 1988 (as amended by the Housing Act 1996), what is the procedure for a landlord to recover possession of a dwelling let on an assured shorthold tenancy?

Accepted Answer

The landlord must serve a valid s.21 notice (giving at least two months' notice in the prescribed form, complying with deposit protection requirements and energy performance certificate provisions), and if the tenant does not vacate, obtain a possession order from the court using the accelerated possession procedure under CPR Part 55

Answer

The landlord can simply change the locks without notice

Answer

The landlord can recover possession immediately by giving 14 days' notice

Answer

No notice is required if the fixed term has expired