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Property Law Practice Flashcards

6 cards from real SQE2 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 Practice flashcards as text

  1. The Land Registration Act 2002 introduced which concept to replace adverse possession for registered land?

    Answer: Adverse possession through notification scheme (Schedule 6)

    Schedule 6 LRA 2002 created a new adverse possession regime for registered land requiring 10 years' possession, application to the Land Registry and notification to the registered owner who may then object.

  2. A solicitor acting for a buyer who discovers the property is subject to an unregistered second mortgage must:

    Answer: Advise the client and lender and investigate whether the charge will be discharged on completion

    An unregistered incumbrance discovered during investigation of title must be reported to the buyer and lender; steps must be taken to ensure the charge is redeemed or properly dealt with at completion.

  3. In commercial leases, a tenant's right to renew a business tenancy is provided by:

    Answer: Part II of the Landlord and Tenant Act 1954

    Part II LTA 1954 grants business tenants a statutory right to renew their tenancy on termination; landlords can only oppose renewal on specified statutory grounds.

  4. The effect of a notice to complete served after a purchaser fails to complete on the contractual date is that:

    Answer: Time becomes of the essence and the innocent party may rescind if the other defaults within the notice period

    A notice to complete under the Standard Conditions of Sale (or SCPC) makes time of the essence; if the defaulting party fails to complete within 10 working days, the innocent party may rescind and forfeit the deposit.

  5. Which body regulates estate agents in England & Wales and requires them to belong to a redress scheme?

    Answer: National Trading Standards Estate & Letting Agency Team (NTSELAT)

    NTSELAT is the national body that enforces the Estate Agents Act 1979 and requires estate agents to belong to an approved redress scheme, with powers to ban agents from the industry.

  6. A buyer purchasing with a mortgage must ensure the mortgage offer remains valid until:

    Answer: Completion, so the offer must not have expired

    The mortgage offer must remain valid at the date of completion and draw-down; if it expires before completion, the buyer's solicitor must obtain an extension before proceeding.