SQE1 FLK2 Land Law Sample Questions July 2024

The correct answer is B. Serving a formal notice to the lessee to cease the unauthorized subletting and request remedy respects the procedural steps required before taking more severe actions. It provides the lessee with an opportunity to rectify the breach in accordance with the lease's terms and conditions.

Option A is incorrect because immediate demands for eviction without following the due process might be unlawful and could potentially lead to legal action against the lessor.

Option C is incorrect because the landlord cannot unilaterally increase the rent as a penalty without an agreement or specific provision within the lease allowing for such action in response to breaches.

Option D is incorrect because publicly listing the property for lease assumes the termination of the current lease without following the proper legal process for addressing the breach.

Option E is incorrect because applying to court for a declaration of forfeiture is typically a last resort after the lessee fails to remedy the breach following proper notice and within the given timeframe.

The correct answer is D. Real property pertains to land and structures that are permanently affixed to the land, like the historical cottage. Personal property encompasses movable items, which in this case includes the collection of rare paintings.

Option A is incorrect because the historical cottage is classified as real property due to its attachment to land, whereas the paintings, being movable, are classified as personal property.

Option B is incorrect because the rare paintings do not constitute real property as they are not fixed or immovable assets like land or buildings.

Option C is incorrect since the historical cottage, being attached to the land, qualifies it as real property, contrasting with the movable nature of the paintings which are personal property.

Option E is incorrect because the classification of these assets under property law does not depend upon their market value or land size but rather on their fixed or movable nature.

The correct answer is C. The Trusts of Land and Appointment of Trustees Act 1996 is the most relevant legal framework for drafting an agreement among trustees who are co-owners of property. It specifically governs the management and operation of land held in trust, including the processes for making decisions regarding the property.

Option A is incorrect because the Law of Property Act 1925 mainly deals with general property ownership and rights, not specifically co-owned trust property or the detailed governance of decision-making amongst trustees.

Option B is incorrect as the Trustee Act 2000 primarily provides a framework for trustees' investment powers and duties, not the nuanced agreement of co-owned property management.

Option D is incorrect because the Partnership Act 1890 governs the relations amongst partners in a business partnership, not the specific arrangements for property held in trust by those partners.

Option E is incorrect because the Companies Act 2006 deals with the governance of companies and their directors, not trust property co-owned by individual investors or partners.

The correct answer is C. Under the Land Registration Act 2002, compulsory first registration is necessitated when granting a lease of over seven years on unregistered land. This condition applies to Edward's scenario as he is developing the land and likely granting long leases on the new residential plots, thus necessitating registration.

Option A is incorrect because merely planning to divide the land into smaller plots for sale does not trigger compulsory first registration unless those plots are being sold for the first time since December 1990, which was not specified.

Option B is incorrect because the agricultural classification of the land on its own does not necessitate compulsory first registration; it is the act of conveyance for value or the granting of a lease over seven years that triggers this requirement.

Option D is incorrect as the developmental status of the land (undeveloped suburban land) is not a determining factor under the Land Registration Act 2002 for compulsory first registration. Rather, it is the selling or the leasing for a term greater than seven years that triggers the requirement.

Option E is incorrect because the duration of time the land has been held within a family without transaction is irrelevant to the requirement for compulsory first registration. The trigger is a conveyance for value or substantial leasehold transactions.

The correct answer is D. The principle against restrictions on the equity of redemption is fundamental in examining whether the clause that binds Jacob to procure insurance policies exclusively from AgreedInsure Brokers for the term of the mortgage unduly limits his rights as a mortgagor. This principle protects borrowers from terms that could unfairly restrict their financial freedom or their right to redeem the mortgage on equitable terms.

Option A is incorrect because the principle of good faith in commercial contracts, while important, does not specifically address the enforceability of terms that may infringe upon the rights traditionally protected in mortgage arrangements.

Option B is incorrect as the rule against penalties is primarily concerned with the fairness of charges for breaches of contract, which is not directly related to the scenario described with Jacob's mortgage agreement.

Option C is incorrect because the doctrine of equitable charges pertains to the creation of security interests over properties rather than the specific terms of mortgages that might restrict the borrower's actions.

Option E is incorrect because, although the concept of unconscionable bargains addresses exploitative contracts, the principle against restrictions on the equity of redemption more accurately targets the issue of limiting Jacob’s rights under the mortgage agreement.

The correct answer is C. Amy should apply for a court order to formally recognize the driveway use as an easement, ensuring her legal right to access her property without hindrance from Ben's proposed gate.

Option A is incorrect because negotiating with Ben to purchase an access code implies a temporary and possibly revocable permission rather than securing a permanent right of way.

Option B is incorrect because while housing associations may enforce certain community rules and standards, they typically do not have the authority to intervene in legal disputes between property owners over access rights.

Option D is incorrect because installing her own gate does not resolve the underlying issue of legally protected access through Ben's property, and could further complicate matters or violate local planning regulations.

Option E is incorrect because accepting Ben's decision and seeking alternative parking arrangements does not protect Amy's legal right of access to her property, potentially diminishing her property's value and utility.

The correct answer is D. Freya should rely on the principle of proprietary estoppel, given her significant investment based on Omar's assurance, which she detrimentally relied on, making it fair to enforce the promise.

Option A is incorrect because a common law lease typically requires a formal agreement, specifying terms and duration, which was absent in this case.

Option B is incorrect as a formal express trust relates to property ownership intended to be held on behalf of another, requiring a formal declaration, not applicable for merely living arrangements based on verbal promises.

Option C is incorrect because a registered charge usually pertains to a financial security interest over a property, such as a mortgage, rather than a right to reside based on an informal arrangement.

Option E is incorrect because a legal easement is a right over the property that benefits another piece of land, not a personal right to reside, and usually requires formal creation.

The correct answer is C. Gold and silver found in England and Wales are generally considered to belong to the Crown, under the principle of 'Mines Royal'. Therefore, even if Lucy owns the land, she would need to seek permission from the Crown Estate to legally extract any gold deposits discovered on her property.

Option A is incorrect because owning land does not automatically grant the owner rights to all minerals found on the land. Specific minerals like gold and silver are exceptions to this rule.

Option B is incorrect because while a mining license might be necessary for extraction activities, simply obtaining a license does not address the ownership rights of the minerals, particularly gold and silver, which are reserved for the Crown.

Option D is incorrect because adverse possession relates to the acquisition of rights over land, not the minerals found beneath it. The concept does not apply to the claiming of mineral rights in this context.

Option E is incorrect because while the deeds might specify certain rights, the ownership of gold and silver found beneath the land in England and Wales typically falls under the jurisdiction of the Crown, overriding any such terms.

The correct answer is A. Under the principles of English land law concerning easements, the burden of maintaining the infrastructure necessary for the use of an easement, in this case, the path for a right of way, falls on the grantee, unless an agreement or deed specifies otherwise. Since the deed is silent on this matter, the restaurant owner, as the grantee of the right of way, must bear the maintenance costs of the path.

Option B is incorrect because there is no inherent obligation for the grantor, the neighboring retailer, to maintain the path unless specifically agreed upon.

Option C is incorrect because, by default, maintenance costs do not automatically split between the grantor and grantee without an explicit arrangement or deed provision.

Option D is incorrect because, under English land law, the grantee cannot unilaterally require the grantor to share in the maintenance costs without a specific agreement or deed stipulation.

Option E is incorrect because the local council's responsibility for maintaining paths usually does not extend to private easements unless the path is dedicated to public use, and this is not indicated in the scenario provided.

The correct answer is D. Blake should apply for an official search in the Land Charges Department under Class C and D to best ensure that Taylor is made aware of any equitable third-party claims against the property. This approach is comprehensive and covers a wide range of interests that could affect Taylor’s purchase, from general and specific equitable charges to restrictive covenants and estate contracts.

Option A is incorrect because the Land Registry’s digital archive is primarily for registered land, and this scenario specifies that the land is unregistered, thus making such a search irrelevant in this context.

Option B is incorrect as the Local Land Charges register only covers certain types of charges, such as planning permissions and listed building consents, and does not extensively cover equitable third-party claims against unregistered land.

Option C is incorrect because focusing solely on Class D land charges may omit important interests categorized under other classes, such as Class C, which are equally important for ensuring Taylor is aware of potential claims against the property.

Option E is incorrect as relying solely on the doctrine of notice is insufficient in the context of unregistered land, where certain interests must be registered in the Land Charges Department to be enforceable against a purchaser.