SQE2 Property Law Practice 1

Question 1

In a residential conveyancing transaction, exchange of contracts makes the agreement:

Accepted Answer

Binding and enforceable on both parties

Answer

Once contracts are exchanged both parties are legally bound; withdrawal after exchange without a contractual right to do so constitutes a repudiatory breach entitling the other party to damages.

Question 2

A freehold title in England & Wales must be registered at HM Land Registry:

Accepted Answer

On any qualifying trigger including first sale, mortgage, gift or assent

Answer

First registration is triggered by any of several events including first sale, first legal mortgage, gift, or assent; once registered, title is maintained on the register.

Question 3

The concept of 'vacant possession' in a property sale means:

Accepted Answer

The property will be free of occupants and their belongings on completion

Answer

Vacant possession requires the seller to deliver the property free from any occupiers and their possessions at completion, unless special conditions in the contract provide otherwise.

Question 4

A restrictive covenant running with the land can be enforced against a successor in title if:

Accepted Answer

Both the benefit and burden have passed to the respective successors in title

Answer

For a restrictive covenant to bind successors (Tulk v Moxhay), the burden must be negative, it must be intended to run with the land, and successors must have notice; benefit and burden must pass.

Question 5

In leasehold property, a 'ground rent review' that could result in rent doubling every 10 years would now be affected by:

Accepted Answer

The Leasehold Reform (Ground Rent) Act 2022

Answer

The Leasehold Reform (Ground Rent) Act 2022 banned ground rents above a 'peppercorn' (nominal) in new regulated residential leases, significantly affecting doubling rent clauses in new grants.

SQE2 Practice Test

SQE2 Practice Test

SQE2 Property Law Practice 1