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

Legal interests in land bind the whole world (e.g., legal easements, mortgages). Equitable interests traditionally bind all except a bona fide purchaser of a legal estate for value without notice. In registered land, the Land Registration Act 2002 and system of overriding interests modify this significantly.

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

Under the Landlord and Tenant (Covenants) Act 1995, when a tenant lawfully assigns a new tenancy (post-1996), the assigning tenant is automatically released from future covenant liability. This contrasts with the old law (pre-1996) where original tenants retained privity of contract liability.

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

Requisitions on title are written questions raised by the buyer's solicitor to the seller's solicitor following review of the title documentation, seeking clarification or resolution of queries about the title before exchange of contracts.

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

Adverse possession allows a person in factual possession of land (without the owner's permission) to acquire title after a qualifying period. Under the Land Registration Act 2002, the squatter must apply after 10 years' adverse possession; the registered proprietor has an opportunity to object.

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

Schedule 3 of the LRA 2002 lists overriding interests that bind registered proprietors without registration, including: legal leases not exceeding 7 years, qualifying legal easements, and interests of persons in actual occupation (if discoverable on reasonable inspection or known to the disponee).

SQE1 Practice Test

SQE1 Practice Test

SQE1 Property Law 2