Nature of Land

Question 1

“Land” under LPA 1925, s 205(1)(ix) includes:
A. Surface, subsoil, and necessary airspace
B. Surface soil only
C. Watercourses and rivers only
D. Buildings but not incorporeal hereditaments

Answer 1

A. Surface, subsoil, and necessary airspace
Explanation: Statutory definition covers the ground, subsoil, and airspace required for reasonable enjoyment

Question 2

Which is always an equitable interest, never a legal one?
A. Freehold estate
B. Equitable lease
C. Restrictive covenant
D. Legal mortgage

Answer 2

B. Equitable lease
Explanation: A lease lacking deed formalities is enforceable only in equity (LPA 1925 s 1(3))

Question 3

To create or dispose of any legal estate you must use:
A. A simple contract
B. A deed
C. Registration alone
D. Oral declaration witnessed

Answer 3

C. Registration alone
Explanation: Trick question—while deeds create estates, under LRA 2002 s 27 no registrable disposition takes effect at law until registered

Question 4

The “degree of annexation” test determines whether:
A. An object is a fixture
B. A lease is valid
C. An easement is implied
D. Land is registered

Answer 4

A. An object is a fixture
Explanation: The degree of annexation test determines fixtures

Question 5

Which of these counts as “land” for fixture/fitting purposes?
A. Carpet laid loose on the floor
B. Curtain rail attached by screws
C. Garden ornament resting on soil
D. Freestanding bookshelf

Answer 5

A. Carpet laid loose on the floor
Explanation: Loose carpets are fittings, not fixtures, so they count as personal property not land

Question 6

Which is NOT a legal interest listed in LPA 1925?
A. Charge by way of legal mortgage
B. Estate contract
C. Easement for freehold duration
D. Leasehold estate

Answer 6

B. Estate contract
Explanation: Estate contracts are equitable interests (LPA 1925 s 1(3))

Question 7

A contract to grant a 99-year lease, valid at law, requires:
A. Deed plus registration
B. Simple contract only
C. Oral agreement plus part performance
D. Registration alone

Answer 7

D. Registration alone
Explanation: A 99-year lease is a legal estate; it takes effect at law once registered (LRA 2002 s 27)

Question 8

Which binds the world automatically over unregistered land?
A. Equitable easement
B. Legal mortgage
C. Estate contract
D. Restrictive covenant

Answer 8

B. Legal mortgage
Explanation: Legal interests—mortgages, easements, leases—bind world without registration

Question 9

Failure to use a deed to create a lease produces:
A. A valid legal lease
B. A licence only
C. An equitable lease
D. No enforceable interest

Answer 9

C. An equitable lease
Explanation: Without deed formalities, the “lease” is only equitable

Question 10

The main remedy for breach of an estate contract is:
A. Criminal penalty
B. Specific performance
C. Trespass damages
D. Lease forfeiture

Answer 10

B. Specific performance
Explanation: Estate contracts are enforced by specific performance

Question 11

Anne signs a sale contract under s 2 LP(MP)A 1989 but seller fails to date the deed on completion. Anne’s interest is:
A. A void disposition
B. A valid equitable interest
C. A legal estate upon registration
D. An overriding interest

Answer 11

C. A legal estate upon registration
Explanation: Valid land contract gives equitable interest; deed must then be registered to create legal estate

Question 12

Ben grants Carol a 5-year lease by deed but does not register. Dan buys the freehold. Carol’s lease is:
A. Binding legal lease
B. Converted to licence
C. Equitable only
D. Void entirely

Answer 12

A. Binding legal lease
Explanation: On registered land, legal leases >7 yrs need registration; ≤7 yrs override but the lease was >7 yrs? It was 5 yrs so ≤7, so binds as legal lease—thus correct answer is A.

Question 13

Diane bolts a statue into her front garden; Eric buys. The statue is a:
A. Fixture
B. Fitting
C. Overriding interest
D. Leasehold chattel

Answer 13

A. Fixture
Explanation: Permanently fixed items become fixtures by annexation test

Question 14

Fred grants Gina an easement “for life” by deed. That easement is:
A. Legal (in deed)
B. Equitable only
C. Overriding (Schedule 3)
D. Void for uncertainty

Answer 14

B. Equitable only
Explanation: Legal easements must match grantor’s estate term; life easements are equitable

Question 15

Helen contracts to buy land and registers a notice. Before completion, owner mortgages the property. The mortgagee:
A. Takes free of Helen’s interest
B. Is subject to Helen’s equitable contract
C. Overreaches Helen’s contract
D. Binds only if Helen in occupation

Answer 15

C. Overreaches Helen’s contract
Explanation: A mortgagee who pays purchase money to two trustees overreaches prior equitable interests (LRA 2002 s 40)

Question 16

Ian verbally licenses Jenny to hunt on his land. Kevin buys. Jenny’s licence:
A. Binds Kevin by overriding interest
B. Binds Kevin if registered
C. Does not bind Kevin
D. Converts to equitable lease

Answer 16

C. Does not bind Kevin
Explanation: Licences are personal rights and do not bind third-party purchasers

Question 17

Laura signs a deed granting Michael a mortgage but forgets to sign the witness’s name. The mortgage is:
A. Unenforceable at law
B. Equitable by admission
C. Overriding interest
D. Valid if registered

Answer 17

A. Unenforceable at law
Explanation: Deed formalities (signature and witness) are mandatory; failure prevents legal effect

Question 18

Nancy’s 6-year lease is omitted from the register when Oscar buys. Oscar is:
A. Bound by overriding interest
B. Free because lease >3 yrs
C. Bound only if occupation obvious
D. Bound only if notice entered

Answer 18

D. Bound only if notice entered
Explanation: Short leases ≤7 yrs override; however, over 3 but ≤7 yrs need notice (minor interest), so unregistered, Oscar is free—thus correct is D.

Question 19

Paula holds an equitable lease and registers a notice. Quentin buys without inspection. Quentin is:
A. Bound by notice
B. Free as purchaser for value
C. Bound only if inquiry made
D. Overriding interest

Answer 19

A. Bound by notice
Explanation: Minor interests (equitable leases) bind when protected by notice under LRA 2002 s 32

Question 20

Rita orally promises Steve no development. Tom buys. Steve’s remedy is:
A. Injunction (equitable estoppel)
B. Specific performance
C. None (personal right)
D. Overriding interest by occupation

Answer 20

C. None (personal right)
Explanation: Oral covenants are purely personal and do not bind successors

Question 21

Uma holds a tenancy at will and grants Victor an easement orally. Wendy buys. Victor’s interest is:
A. Void (no formal creation)
B. Equitable if registered
C. Overriding (occupation)
D. Legal by prescription

Answer 21

A. Void (no formal creation)
Explanation: Easements require deed, prescription, or estoppel; oral grants fail

Question 22

Xavier’s father built conduits under land without reservation in deed. Yolanda inherits. Yolanda’s right to use conduits is:
A. Implied easement by necessity
B. Lost—no registration
C. Equitable by estoppel
D. Overriding (Schedule 3)

Answer 22

B. Lost—no registration
Explanation: Easements of necessity arise only where landlocked; not here—so no right survives

Question 23

Zoe contracts to sell and enters a notice. She then mortgages without removing the notice. The mortgagee:
A. Takes subject to Zoe’s buyer’s interest
B. Overreaches the notice
C. Free of the notice
D. Bound only if overriding

Answer 23

C. Free of the notice
Explanation: Mortgagees for money take free of equitable interests protected only by notice—they overreach by operation of s 40 only for trusts

Question 24

Aaron holds beneficial trust interest under two trustees, but purchase money paid to one. Bella buys. Bella is:
A. Bound by Aaron’s interest
B. Free by overreaching
C. Bound if Aaron in occupation
D. Bound only if notice entered

Answer 24

B. Free by overreaching
Explanation: Overreaching requires payment to two trustees; payment to one still overreaches trust interests under LRA 2002 s 2

Question 25

Clara’s 10-year lease is by deed unregistered; Dylan buys. Dylan is: A. Bound (legal lease) B. Free (needs registration) C. Bound if notice entered D. Bound if actual occupation

Answer 25

C. Bound if notice entered Explanation: Long leases (>7 yrs) are registrable dispositions; unregistered, bind only if notice entered

Question 26

Ethan registers an option on unregistered land. Fiona buys. Fiona is: A. Bound by option (land charge) B. Free (options unregistrable) C. Bound if actual occupation D. Bound only if notice entered

Answer 26

D. Bound only if notice entered Explanation: Estate contracts (options) bind when protected by notice on Charges Register

Question 27

George grants Hannah a right of way but forgets to specify extent. Isaac buys. Hannah’s right is: A. Void for uncertainty B. Equitable by estoppel C. Legal if recorded D. Overriding if obvious on inspection

Answer 27

C. Legal if recorded Explanation: Vague easements may be enforceable if implied by s 62 and recorded; otherwise uncertain and void

Question 28

Julia has used a path openly for 15 years. Kevin buys. Julia’s path is: A. Equitable only B. Legal by prescription C. Overriding (used ≥1 yr) D. Minor interest requiring notice

Answer 28

A. Equitable only Explanation: Prescription yields legal easement if 20 yrs; at 15 yrs, only equitable right, binding if notice entered

Question 29

Leo writes a restrictive covenant in deed but does not register notice. Max buys. Max is: A. Bound by overriding interest B. Free as purchaser for value C. Bound if actual occupation D. Bound if request made

Answer 29

B. Free as purchaser for value Explanation: Restrictive covenants bind only if notice entered under LRA 2002 s 32

Question 30

Oscar completes purchase from Paula and original trustees receive funds. Paula’s trust interest is: A. Overreached (paid to two trustees) B. Binding (paid to one trustee) C. Overriding if Paula in occupation D. Protected by notice

Answer 30

B. Binding (paid to one trustee) Explanation: Overreaching fails unless purchase money paid to two trustees

Question 31

Which is not a requirement for proprietary estoppel to succeed? A. A clear assurance by the landowner B. Reliance by the claimant on that assurance C. Detriment suffered by the claimant D. Registration of the assurance

Answer 31

D. Registration of the assurance Explanation: Proprietary estoppel requires assurance, reliance, and detriment; no land-law concept of “registering” an estoppel

Question 31

A conveyance of land under s 62 will automatically include existing rights if: A. They’re expressly mentioned in the deed B. They were being enjoyed at the time of conveyance C. They were implied by necessity D. They’ve been used for over 20 years

Answer 31

B. They were being enjoyed at the time of conveyance Explanation: Section 62 converts quasi-easements enjoyed at date of grant into full easements unless expressly excluded

Question 32

A profit à prendre is best described as the right to: A. Use land for walking only B. Take natural produce (e.g., fish, minerals) from another’s land C. Restrict land use by imposing negative covenants D. Place fixtures on another’s land

Answer 32

B. Take natural produce (e.g., fish, minerals) from another’s land Explanation: Profits allow removal of produce (timber, game, minerals) and are proprietary interests akin to easements

Question 33

Which act can give rise to part-performance of an otherwise invalid oral land contract? A. Paying a non-refundable deposit B. Verbal promise witnessed by solicitor C. Payment of stamp duty D. Placing a “for sale” sign on the land

Answer 33

A. Paying a non-refundable deposit Explanation: Acts unequivocally referable to contract (e.g., deposit payment, taking possession) may invoke part-performance to enforce an oral contract in equity

Question 34

In unregistered conveyancing, an Épitomé of Title is: A. A full copy of all deeds B. A summary of relevant title deeds prepared for a purchaser C. The Land Charges Register extract D. The register entry at HM Land Registry

Answer 34

B. A summary of relevant title deeds prepared for a purchaser Explanation: Sellers compile an epitomé—a bundle or schedule of key deeds—to allow buyers to deduce title

Question 35

Commonhold units are managed by a Commonhold Association. Which is true? A. Commonhold is a new freehold estate type B. Unit-owners hold leaseholds in common C. Commonhold replaces the freehold/leasehold split for flats D. Commonhold interests require registration as land charges

Answer 35

C. Commonhold replaces the freehold/leasehold split for flats Explanation: Under the Commonhold and Leasehold Reform Act 2002, commonhold lets flat-owners hold freehold units and manage communal parts via an association

Question 36

Overreaching of equitable interests (e.g., beneficiaries’ rights) requires: A. Payment of purchase money to a sole trustee B. Registration of a notice on the Charges Register C. Payment to two trustees or a trust corporation D. Entry of a restriction in the Proprietorship Register

Answer 36

C. Payment to two trustees or a trust corporation Explanation: Overreaching under LRA 2002 s 2 occurs when purchase monies are paid to at least two trustees, detaching equitable interests from the land

Question 37

A land contract may validly incorporate standard conditions by reference if: A. The conditions are published online B. The conditions are known only to one party C. The contract expressly refers to them and they’re accessible D. No written copy exists

Answer 37

C. The contract expressly refers to them and they’re accessible Explanation: Incorporation by reference is valid if the referred terms are sufficiently identified and available to the parties