SQE1 - Solicitors Qualifying Examination Part 1 Property Law and Practice Questions and Answers

Question 1

A buyer and seller exchange contracts for the sale of a freehold house.
The contract incorporates the Standard Conditions of Sale (Fifth Edition - 2018 Revision) without amendment.
Between exchange and completion, a storm causes significant damage to the roof of the property.
Which of the following statements most accurately describes the legal position?

Accepted Answer

The buyer bears the risk and must proceed with completion at the full purchase price, but may be able to claim on the seller's insurance policy.

Answer

The seller bears the risk and must repair the damage before completion, or the buyer can rescind the contract.

Answer

The risk is shared equally between the buyer and the seller, and the purchase price must be renegotiated.

Answer

The contract is automatically frustrated, and both parties are discharged from their obligations.

Question 2

Which of the following interests is most likely to be an 'overriding interest' under Schedule 3 of the Land Registration Act 2002, binding a purchaser for valuable consideration even though it is not protected by an entry on the register?

Accepted Answer

A legal lease for a term of five years, granted two months ago, under which the tenant is in possession.

Answer

An equitable mortgage created by the deposit of title deeds.

Answer

A restrictive covenant entered into by the seller last year.

Answer

An estate contract to grant a lease for a term of ten years.

Question 3

Two sisters own a house as beneficial joint tenants. One sister decides she wants to sever the joint tenancy. She posts a written notice of severance by first-class post to the house, where they both live. The letter is delivered through the letterbox. However, before the other sister reads it, the sender has a change of heart, retrieves the letter from the doormat and destroys it. What is the legal status of the co-ownership?

Accepted Answer

The joint tenancy was severed in equity when the letter was delivered.

Answer

The joint tenancy remains unsevered as the notice was not read by the other joint tenant.

Answer

The severance was ineffective because the sender revoked her intention by destroying the letter.

Answer

The severance is only effective if the sender registers the notice with the Land Registry.

Question 4

A commercial tenant has a 10-year lease of a whole building. The lease contains no express covenants regarding repair by either the landlord or the tenant. The roof begins to leak, causing damage to the tenant's stock. In this situation, who is responsible for repairing the roof?

Accepted Answer

The landlord, under an implied common law duty to repair the structure and exterior.

Answer

The tenant, as the lease is of the whole building.

Answer

The landlord, under section 11 of the Landlord and Tenant Act 1985.

Answer

Neither party has an obligation, but the tenant can terminate the lease due to the disrepair.

Question 5

For over 25 years, a farmer has openly driven his tractor along a track across his neighbour's field to access a main road. This has been done without the neighbour's permission, without using force, and without secrecy. The neighbour has recently blocked the track with a fence. On what grounds is the farmer most likely to succeed in claiming a legal right of way?

Accepted Answer

Prescription under the Prescription Act 1832.

Answer

Implied easement of necessity.

Answer

Express grant in the title deeds.

Answer

Proprietary estoppel.

Question 6

A homeowner wants to build a single-storey rear extension on their property. They believe they may not need to submit a full planning application. Which of the following pieces of legislation is most likely to grant 'deemed' planning permission for such a project, provided certain conditions and limitations are met?

Accepted Answer

The Town and Country Planning (General Permitted Development) (England) Order 2015.

Answer

The Building Act 1984.

Answer

The Housing and Planning Act 2016.

Answer

The Localism Act 2011.