SQE1 Property Law 2

Question 1

What is the distinction between legal and equitable interests in land under English law?

Accepted Answer

Legal interests bind all the world; equitable interests bind only those with notice of them (subject to overreaching and registration rules)

Answer

Equitable interests are stronger than legal interests in all circumstances

Answer

Legal interests only exist in registered land; equitable interests only in unregistered land

Answer

There is no practical distinction in modern land law

Question 2

Under the Landlord and Tenant (Covenants) Act 1995, what is the position of an original tenant who assigns a commercial lease?

Accepted Answer

On assignment, the original tenant is automatically released from future obligations under the lease

Answer

The original tenant remains liable for the entire lease term regardless of assignment

Answer

The original tenant is only released if the landlord expressly agrees to release them

Answer

Liability continues but only for rent obligations, not repair covenants

Question 3

What is the role of 'requisitions on title' in a conveyancing transaction?

Accepted Answer

The buyer's solicitor's written enquiries to the seller's solicitor about title and other matters arising from deduction of title

Answer

The seller's formal offer to sell at a set price

Answer

The Land Registry's questions about the application for registration

Answer

Planning authority queries about proposed use of the property

Question 4

What does 'adverse possession' allow under English land law?

Accepted Answer

A squatter to acquire title to land after being in factual possession for the requisite period without the owner's consent

Answer

A landlord to take back possession from a tenant in breach

Answer

The Land Registry to remove a proprietor's title for non-payment of fees

Answer

A mortgagee to take possession on default

Question 5

In registered land, which interests automatically override a registered disposition without appearing on the register (under Schedule 3, LRA 2002)?

Accepted Answer

Legal leases not exceeding 7 years, legal easements qualifying under s.29(2)(a)(ii), and rights of persons in actual occupation

Answer

All equitable interests including beneficial interests under a trust

Answer

All mortgages and charges registered at Companies House

Answer

Interests of registered proprietors only

Question 6

What is the purpose of a 'completion statement' in a conveyancing transaction?

Accepted Answer

A financial statement prepared by the solicitors showing the balance of funds to be paid by the buyer on completion, taking into account all adjustments

Answer

A statement by the court confirming the sale is complete

Answer

A statement confirming planning permission has been obtained

Answer

A statutory declaration by the seller confirming vacant possession