RICS APC Property Law & UK Land Law

Question 1

What is the difference between freehold and leasehold ownership of property in England and Wales?

Accepted Answer

Freehold ownership is absolute ownership of the land indefinitely; leasehold is ownership for a fixed term granted by the freeholder

Answer

Freehold applies only to commercial property; leasehold applies to residential property

Answer

Freehold requires planning permission to sell; leasehold does not

Answer

They are equivalent terms for full ownership used in different regions of the UK

Question 2

What is an 'easement' in English land law?

Accepted Answer

A right benefiting one piece of land (the dominant tenement) that burdens another piece of land (the servient tenement), such as a right of way

Answer

A charge registered against a property securing a mortgage

Answer

A restriction preventing development of land

Answer

A clause in a lease allowing the landlord to repossess the property

Question 3

Under the Land Registration Act 2002, what is the effect of first registration of a property at the Land Registry?

Accepted Answer

The registered proprietor's title is guaranteed by the state — the Land Registry maintains an authoritative record of ownership

Answer

First registration creates a new lease over the property

Answer

First registration removes all pre-existing easements and covenants

Answer

First registration is only relevant to commercial property transactions

Question 4

What is a 'restrictive covenant' on land and how does it affect a surveyor advising on a purchase?

Accepted Answer

A binding obligation preventing the landowner from carrying out certain activities on the land, which may restrict development or use — surveyors must advise purchasers of these burdens

Answer

A temporary planning condition attached to a development permission

Answer

An agreement between neighbours that expires after 12 years

Answer

A mortgage condition restricting re-mortgaging for 5 years

Question 5

What is the significance of 'adverse possession' (squatter's rights) for a surveyor advising a property owner?

Accepted Answer

A person who has occupied land without the owner's permission for the requisite period may be entitled to claim title to it — registered land requires 10 years of adverse possession before a claim can be made

Answer

Adverse possession is abolished for all land in England and Wales since 2002

Answer

Adverse possession applies only to agricultural land in rural areas

Answer

A squatter can claim ownership after only 2 years of occupation of any land

Question 6

What does 'caveat emptor' mean in a property transaction and how has it been modified by statute?

Accepted Answer

'Let the buyer beware' — the buyer is responsible for discovering defects before purchase; modified by consumer protection legislation and seller disclosure requirements for certain defects

Answer

The seller is legally obliged to disclose all defects before exchange of contracts

Answer

It is a term that applies only to commercial property sales

Answer

It has been completely abolished by the Consumer Rights Act 2015