LAND LAWS 1

Question 1

What is a fee simple absolute in possession commonly referred to as?

Answer 1

A freehold estate

It is one of the only two legal estates in land in England and Wales.

Question 2

What is the duration of a freehold estate?

Answer 2

Indefinite duration

Question 3

What is the other form of legal estate in England and Wales besides freehold estate?

Answer 3

Leasehold estate

Question 4

How is a leasehold estate defined in terms of duration?

Answer 4

Has a fixed maximum duration

Question 5

What is a profit à prendre?

Answer 5

An interest in land enabling someone to take something from the land of another

Question 6

What is a profit à prendre in gross?

Answer 6

A profit that can be bought and sold independently

Question 7

What distinguishes a profit à prendre appurtenant?

Answer 7

It is attached to a particular piece of land in the same way as an easement

Question 8

What is a rentcharge?

Answer 8

An interest in land requiring the landowner to make a periodic payment to the rentcharge owner

Question 9

What is a commonhold?

Answer 9

A relatively new form of ownership that makes it easier to enforce positive covenants

Question 10

What term describes two interests over the same piece of land existing alongside each other?

Answer 10

Concurrent interests

Question 11

What is the minimum period of ownership required for a seller of land with unregistered title?

Answer 11

15 years

Question 12

What must be done to protect equitable rights and interests in unregistered land?

Answer 12

They must be protected by registration as land charges

Question 13

How can a non-owning spouse or civil partner protect their interest in the matrimonial home in unregistered land?

Answer 13

By registering a land charge (specifically, a Class F charge)

Question 14

What does a C(i) land charge protect?

Answer 14

A puisne mortgage

Question 15

What is the traditional method of proving ownership of unregistered land?

Answer 15

By the production of documents

Question 16

What is the document called that must begin the seller’s title when land is unregistered?

Answer 16

The root of title

Question 17

What are the four requirements for a good root of title?

Answer 17

• At least 15 years old at the date of the contract
• Deals with the whole legal and equitable interest in the property
• Contains an adequate description of the property
• Does nothing to cast doubt on the title

Question 18

What is an epitome of title?

Answer 18

The chronological list of unregistered documents of title with copies annexed

Question 19

What is a notice in the context of registered estates?

Answer 19

An entry in the register regarding a burden affecting a registered estate, appearing on the seller’s charges register.

Question 20

What is the purpose of a restriction in land dealings?

Answer 20

To prevent any dealings with the land contrary to the terms of the restriction, such as protecting an interest under a trust.

Question 21

What does the proprietorship register denote?

Answer 21

The class of title and who holds the legal estate.

Question 22

What type of title is likely granted by His Majesty’s Land Registry on first registration when title deeds are lost?

Answer 22

Possessory title.

Question 23

Define an easement.

Answer 23

A right which benefits one piece of land over a different piece of land.

Question 24

What are the two types of tenements in an easement?

Answer 24

Dominant tenement and servient tenement.

Question 25

What legal process allows a buyer to take free of a beneficiary's interest under a trust?

Answer 25

Overreaching.

Question 26

What is severance in the context of joint tenancy?

Answer 26

A process whereby a joint tenancy in equity can be severed.

Question 27

What happens to a deceased's share in a joint tenancy if it is not severed?

Answer 27

It automatically passes to the survivor(s) by virtue of the doctrine of survivorship.

Question 28

How can co-owners hold the beneficial interest?

Answer 28

As joint tenants or tenants in common.

Question 29

When is a tenancy in common advised?

Answer 29

When parties contribute in unequal portions to the purchase price or enter into a commercial transaction.

Question 30

What must a lease clearly state at the date of the agreement?

Answer 30

When the term of the tenancy will begin and end.

Question 31

What happens if a lease term is uncertain?

Answer 31

The lease will be void for uncertainty.

Question 32

What may a court imply if a lease is void for some reason?

Answer 32

A periodic tenancy. However, in such cases the tenant must have gone into possession and started to pay rent.

Question 33

What are the essential characteristics of a lease?

Answer 33

Certainty of term, exclusive possession, appropriate formalities.

Question 34

What does the Landlord and Tenant (Covenants) Act 1995 state about tenants and assignments?

Answer 34

Tenants are automatically released from their covenants upon assignment.

Question 35

What is an authorised guarantee agreement?

Answer 35

A written obligation where the outgoing tenant acts as a guarantor for their immediate successor in title.

Question 36

What are the essential characteristics of an easement?

Answer 36

Both a dominant and servient tenement, must confer a benefit on the dominant tenement, separate ownership, and recognized as an easement.

Question 37

How can an easement by prescription be established?

Answer 37

By 20 years' use and must be under claim of right.

Question 38

What is an easement of necessity?

Answer 38

An implied right of way for landlocked land to access a road over retained land.

Question 39

What happens in possession proceedings for lenders?

Answer 39

The first lender can take possession and repay its own charge first, then apply any surplus to other lenders in order of registration.

Question 40

What is the priority of a legal mortgage on the register of title?

Answer 40

It has priority over any interest not protected when the mortgage is registered.

Question 41

What happens to any surplus remaining after a mortgage sale?

Answer 41

It goes to the registered proprietor.

Question 42

What are fixtures in land law and when do they pass to the buyer?

Answer 42

Fixtures are regarded as part of the land and pass automatically on sale without specific mention. Under the degree of annexation test, the more attached an item is to the land, the more likely it is a fixture. If removing it causes damage, it's likely a fixture. Example: A brick stable with concrete foundations is a fixture.

Question 43

Does a landowner own wild animals on their land?

Answer 43

No, but the landowner has the right to hunt them.

Question 44

Which rights apply to both freeholds and leaseholds?

Answer 44

The ability to leave the interest to heirs, create a lease, or sell.

Question 45

What are the classes of title awarded by His Majesty’s Land Registry?

Answer 45

Title absolute and possessory title.

Question 46

What interest does an estate contract give the buyer?

Answer 46

An equitable interest in the property.

Question 47

What is an option to purchase in land law?

Answer 47

A contract giving the option holder the right to enter a contract to buy the land.

Question 48

What is the requirement for a contract for the sale of land?

Answer 48

A: It must be in writing.

Question 49

How can equitable interests like restrictive covenants be enforced against future buyers?

Answer 49

By registration as land charges, which gives actual notice and binds future owners.

Question 50

What constitutes actual notice for a restrictive covenant in unregistered land?

Answer 50

Registration as a D(ii) land charge. Mere knowledge isn't sufficient notice unless the covenant predates 1926.

Question 51

What does a Class F land charge protect?

Answer 51

A non-owning spouse’s or civil partner’s statutory right of occupation under the Family Law Act 1996.

Question 52

How can title be gained in the unregistered system through possession?

Answer 52

By occupying the land without permission, exclusively, and with intention to possess for at least 12 years.

Question 53

How long is needed to gain a prescriptive right to use another’s land?

Answer 53

20 years

Question 54

When does title pass in the registered land system?

Answer 54

Upon completion of registration at HM Land Registry.

Question 55

What is a restriction in the registered land system?

Answer 55

A tool to prevent registration of land dealings until conditions are met. A Form A restriction protects a tenancy in common.