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 (or 'fee simple absolute in possession') represents outright, indefinite ownership of land and any buildings on it. Leasehold is a time-limited right to occupy and use land, granted by the freeholder (landlord) under a lease. The leaseholder (tenant) has a proprietary interest but must comply with lease terms.

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

An easement is a legal right annexed to land that allows the owner of the dominant tenement to use the servient tenement in a specific way. Common examples include rights of way, rights of light, and rights to run services (drains, pipes) across neighbouring land. Easements can be express, implied, or acquired by prescription.

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

The Land Registration Act 2002 introduced a system of state-guaranteed title. Once registered, the Land Registry's register is the definitive record of ownership, and the state indemnifies those who suffer loss due to mistakes in the register. This makes conveyancing more certain than the old unregistered system.

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 restrictive covenant is an obligation not to do something on land that binds successors in title. Common examples include not building additional dwellings, not carrying out trade from the property, or maintaining a boundary structure. Surveyors must identify registered and unregistered covenants as they can significantly affect value and saleability.

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

Under the Land Registration Act 2002, an adverse possessor of registered land can apply for registration after 10 years of adverse possession. The registered owner is notified and has the opportunity to object. For unregistered land, the old 12-year limitation period still applies. Surveyors advising on boundaries or disputed land should consider adverse possession claims.

RICS APC Practice Test

RICS APC Practice Test

RICS APC Property Law & UK Land Law