SQE1 - Solicitors Qualifying Examination Part 1 Land Law Principles Questions and Answers

Question 1

In 1994, a landlord granted a 20-year commercial lease to a tenant (T1).
In 2010, T1 assigned the lease to an assignee (T2) with the landlord's consent.
In 2012, T2 failed to pay rent.
The landlord wishes to recover the unpaid rent.
From whom can the landlord legally seek to recover the arrears?

Accepted Answer

From either T1 or T2, due to privity of contract with T1 and privity of estate with T2.

Answer

Only from T2, as T1 was automatically released from liability upon assignment.

Answer

Only from T1, as the original tenant is solely liable for the duration of the term.

Answer

From T2, but only after successfully obtaining a court judgment against T1.

Question 2

A developer purchased a plot of registered freehold land in 2020. The transfer from the seller contained a covenant requiring the developer and its successors in title 'to construct and forever maintain at its own expense a substantial boundary fence' along the border with the seller's retained land. The developer built the fence but sold the plot in 2023 to a new owner. The fence has now fallen into disrepair. The original seller wishes to enforce the covenant against the new owner. What is the correct legal position?

Accepted Answer

The covenant is likely to be unenforceable as the burden of a positive covenant does not run with freehold land.

Answer

The covenant is enforceable because the benefit runs with the retained land.

Answer

The covenant is enforceable as it was correctly protected by a notice on the register.

Answer

The covenant is enforceable under the principle of mutual benefit and burden.

Question 3

An unmarried couple purchase a house together as beneficial tenants in common to be their family home. They have a young child who lives with them. Following the breakdown of their relationship, one partner moves out and applies to the court for an order for sale under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA). The other partner, who still lives in the property with the child, wishes to postpone the sale. Which of the following factors is the court required to have regard to under section 15 of TOLATA?

Accepted Answer

The welfare of any minor who occupies the land as their home.

Answer

The financial conduct of the parties during their relationship.

Answer

Whether the resident partner can afford to buy out the other's share within 90 days.

Answer

The wishes of the majority of the beneficiaries, which will be the decisive factor.

Question 4

A woman owned a large house with an adjoining cottage, both set in extensive grounds. She lived in the house and, for many years, accessed the cottage via a clearly defined and tarmacked driveway that crossed the grounds of the main house. She then sold the cottage to a buyer, but the transfer deed made no mention of any right of way over the driveway. The woman now seeks to prevent the buyer from using the driveway. On what basis is the buyer most likely to establish a legal right of way over the driveway?

Accepted Answer

Under the rule in *Wheeldon v Burrows*.

Answer

By claiming an easement of necessity.

Answer

By virtue of section 62 of the Law of Property Act 1925.

Answer

By claiming a prescriptive easement.

Question 5

A legal mortgagee's power of sale has arisen and become exercisable due to the mortgagor's persistent failure to make mortgage payments. The mortgagee intends to sell the property. What is the primary duty owed by the mortgagee to the mortgagor when conducting the sale?

Accepted Answer

To take reasonable care to obtain the best price reasonably obtainable at the time of the sale.

Answer

To obtain the highest possible price, even if it means waiting for several months for market conditions to improve.

Answer

To ensure the property is sold for a price that fully repays the outstanding mortgage debt, interest, and costs.

Answer

To sell the property only by public auction to ensure maximum transparency.

Question 6

Under the Land Registration Act 2002, certain dispositions of a registered estate must be completed by registration to operate at law. Which of the following transactions is a 'registrable disposition'?

Accepted Answer

The grant of a legal charge.

Answer

The grant of a lease for a term of exactly five years.

Answer

The creation of an interest under a resulting trust.

Answer

A contract for the sale of a freehold estate.

In 1994, a landlord granted a 20-year commercial lease to a tenant (T1).In 2010, T1 assigned the lease to an assignee (T2) with the landlord's consent.In 2012, T2 failed to pay rent.The landlord wishes to recover the unpaid rent.From whom can the landlord legally seek to recover the arrears?

In 1994, a landlord granted a 20-year commercial lease to a tenant (T1).
In 2010, T1 assigned the lease to an assignee (T2) with the landlord's consent.
In 2012, T2 failed to pay rent.
The landlord wishes to recover the unpaid rent.
From whom can the landlord legally seek to recover the arrears?