Property Law Flashcards
6 cards from real SQE1 practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Property Law flashcards as text
What is 'overreaching' in the context of English land law?
Answer: A mechanism by which certain equitable interests (e.g., beneficial interests under a trust) are detached from the land and attach to the purchase money when land is sold by two trustees
Overreaching allows a purchaser of legal title to take the land free of beneficial interests under a trust of land, provided they pay the purchase money to at least two trustees. The beneficial interests are then transferred from the land to the proceeds of sale.
What is a 'covenant for quiet enjoyment' implied into every lease?
Answer: A landlord's obligation not to interfere with the tenant's lawful possession and enjoyment of the property
The covenant for quiet enjoyment, implied into every lease, obliges the landlord not to interfere with or disturb the tenant's lawful possession and enjoyment of the property. Breach can entitle the tenant to damages or an injunction.
Under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), when can a co-owner apply to the court for an order for sale of co-owned land?
Answer: Any trustee or person with an interest in the land may apply to the court for an order relating to the exercise of the trustees' functions, including an order for sale
Under s.14 of TOLATA 1996, any trustee or person with an interest in the trust property (including beneficiaries) may apply to court for an order relating to the exercise of trustees' functions. The court has wide discretion and considers s.15 factors.
What stamp duty land tax (SDLT) rate applies to the portion of a residential property purchase price between £250,001 and £925,000 for a standard first-time buyer who is not replacing a main residence?
Answer: 5%
Under current SDLT rates in England, for standard residential purchases, the 5% SDLT rate applies to the portion of the purchase price between £250,001 and £925,000. First-time buyers receive relief on the first £425,000 (0% threshold) but the 5% rate then applies from £425,001 to £625,000 before standard rates apply above.
What is the legal term for the right of a landlord to forfeit a lease for breach of a covenant by the tenant?
Answer: The right of re-entry (forfeiture)
The right of re-entry (forfeiture) allows a landlord to bring the lease to an end when the tenant breaches a lease covenant, provided the right is expressly reserved in the lease. The tenant may apply to the court for relief from forfeiture.
Under English law, what is a 'flying freehold'?
Answer: A freehold that includes a portion of a building that overhangs or is above land owned by someone else, creating mutual dependency issues
A 'flying freehold' is where part of a freehold property is situated above or over land owned by another freehold owner. This creates legal complications because freehold land law does not have a mechanism to enforce positive obligations between freeholders, causing issues with repair of shared structures.