GS deck FLK 2

Question 1

priority peroid (OS1)

or

full land charges search

Answer 1

Reg land - 30 working days (The priority period ends on the 30th working day after the day on which the official search application was submitted)

un reg land - 15-working-day priority period within which the transaction must complete (and registration must be completed within two months)

Question 2

Bad character evidence

Answer 2

evidence gateways of;
-‘an important matter in issue between the prosecution and defence’ ( propensity to commit similar types of offences) or
-‘the defendant attacked another’s character’,

Not admit evidence if ;
(1) the defence make an application to exclude it, and (2) it appears to the court that the admission of the evidence would have such an adverse effect on the fairness of the proceedings

Question 3

Unlawful act Manslaughter

Answer 3

Unlawful act manslaughter arises when a person kills another while committing a criminal offence that carries an objective risk to the victim.

The requirements are that the act (1) was unlawful, (2) was deliberate, (3) carried the risk of some harm, and (4) caused the death of the victim.

Question 4

Time limit for notcies under Landlord and Tenant Act 1954 (Part II)

Answer 4

s 25 served by LL & s216 served by tennant between six and 12 months before

ll has 2 months to respond to s26

if they fail to agree reneweal terms court may impose tenancy on same term snot exceeding 15 years

Question 5

burglary requs?

and aggravated burglary

Answer 5

A person commits burglary if she trespasses and, whilst doing so, intends to commit grievous bodily harm, theft, or criminal damage.

aggravated burglary requires entry with a weapon, imitation firearm, or explosive

Question 6

Arson Reqs?

Answer 6

Arson is committed when the defendant intentionally or recklessly causes damage to another’s property and that damage is caused by fire.

Question 7

Murder Reqs

Answer 7

unlawful killing of another human being with the intention to kill or cause grievous bodily injury.

Question 8

basic intent offence

Answer 8

intentionally or recklessly

S20 GBH, ABH, Battery, Assault, Crim damage, Arson

Question 9

specific intent offence

Answer 9

where intent is the only form of mens rea available

Murder, GBH s18, Theft, robbery, Burglary

Question 10

IHT business asset relief

Answer 10

One hundred percent relief is available for a business or interest in a business. Therefore, the £10 million business is not subject to inheritance tax. Fifty percent relief is available for land, buildings, or machinery owned by the deceased but used in a business in which they were either a partner or controlling shareholder. Therefore, the building qualifies for 50% relief. As the building is worth £600,000 and half of that (£300,000) is under the nil rate band, there is no chargeable estate.

Question 11

A person commits fraud by false representation if…

Answer 11

he dishonestly makes a false representation and intends, in doing so, to make a gain for himself or cause a risk of loss to another.

Question 12

hold the beneficial interest as tenants in common - where is this on HMLR?

Answer 12

As a restriction in the proprietorship register.

there will be a standard form of restriction (a ‘Form A’ restriction) in the proprietorship register in the following format: “No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.”

Question 13

Notice (on charges or prop registers)

Answer 13

notice is an entry in respect of the burden of an interest affecting a registered estate or charge

Question 14

intestacy rules

Answer 14

Question 15

voluntary manslaughter

Answer 15

requires the actual reusable and mens rea of murder - inetent to kill or cause GBH

But has loss of control or finished responsibility as a defence

Question 16

SLDT timeline

Answer 16

the time for sending the stamp duty land tax (SDLT) return and the amount due as the return must be sent and any tax due paid within 14 days after completion.

Question 17

first reg property timeline

Answer 17

two months from the day of completion to complete the application for first registration

Question 18

robbery

Answer 18

A person is guilty of robbery if he steals, and, immediately before or at the time of doing so and in order to do so, he uses force on any person or puts, or seeks to put, any person in fear of being then-and-there subjected to force.

Question 19

his is an insolvent estate, as there are insufficient assets to pay all expenses and debts in full.

Answer 19

The order is funeral and administration expenses, preferred debts (hich are the wages and salaries of the deceased’s employees in the four months prior to death, up to a maximum of £800 each.), ordinary debts, interest on preferred and ordinary debts, and deferred debts. Each creditor ranks equally in a category, and their payments abate proportionally.

Question 20

Theft

Answer 20

Theft is the dishonest appropriation of property belonging to another with the intention of permanently depriving the other of it.

The test for dishonesty is that of the reasonable, honest person. The test for dishonesty is objective

Question 21

easement by prescription

Answer 21

an easement by prescription arises by long use, that is, a party must show that they have (1) used the benefit unchallenged for over 20 years, and (2) used the benefit as of right, meaning they did not ask for permission or make any payment for the use of the benefit. Here, the woman has used the strip of land for over 20 years unchallenged and has not asked permission to do so, thus she is likely to have acquired a right to use the strip of land by prescription.

Question 22

A will may be revoked by intentional destruction

Answer 22

and the destruction may be by a third party acting on behalf of the testator and at the testator’s direction. However, the testator must be present at the time of the destruction.

Question 23

heresay rules and expetiuon

Answer 23

heresay = statements (whether oral or written) made outside of court adduced to prove the truth of their content

heresy is inadmissible unless exception applies;
Business documents are admissible under statute.
Statute also preserves evidence when the witness is not available and it is not reasonably practicable to secure their attendance.
Confessions are admissible under rule of law.

Question 24

Reg of CH charge (for mortgage)

Answer 24

21 days

Question 25

Planning timelines;
Outline (further permissions then beginning of works)

Full (beginning of works)

unauthorized building enforcement

enforcement fro material change of use

listed buildings

Answer 25

Outline, if there are reserved matters 3 years from OG app. then start works 2 years from subsequent approval

begin works 3 years from full permission

unauthorized building enforcement 4 years

enforcement fro material change of use 10 years

listed buildings no limit

Question 26

Adverse inference for remaining Silent

Answer 26

An adverse inference can be drawn for a failure to answer questions in interview, a failure to comment upon charge, or a failure to give evidence at trial

Question 27

What can an executor do without grant of probate?

Answer 27

Amounts of up to £5,000 in National Savings Bank accounts, National Savings Certificates, Premium Savings Bonds, or building societies can be accessed without a grant of representation at the discretion of the institution holding the balance. Chattels such as furniture, jewellery, clothing, and cars can normally be sold without a grant of representation. In such cases, all that is required is the production of the death certificate.

Question 28

notice over land - reg or un reg?

Answer 28

only applies to reg.

for unreg An owner of an interest in unregistered land can register a caution against first registration, which gives an early warning of registration to the cautioner, allowing them to protect their interest when an application for first registration of the land is submitted.

Question 29

gifts under a will;

Adeem/ademoption

lapse

Answer 29

Under the doctrine of ademption, a specific gift will fail if it is no longer part of the testator’s estate, is subject to a binding contract for sale, or no longer meets the description in the will.

Question 30

what happens to existing legal interests on a transfer of land?

Answer 30

The buyer is bound by the right of way because it is a legal interest and he is bound irrespective of notice. A buyer of a legal estate will purchase subject to any legal interests which subsist whether or not they were aware of them. Legal interests bind a buyer irrespective of notice. A legal easement is one that is created, as here, by deed. Thus, the buyer is bound by this legal interest irrespective of notice.

Question 31

impact of guilty pleas

Answer 31

An advantage of pleading guilty is that the defendant will receive a reduction in sentence as credit for pleading guilty. The earlier the guilty plea is entered, the greater the reduction in sentence the defendant will receive. If the defendant pleads guilty at the first opportunity, he will receive a one-third reduction in sentence.

Question 32

waterfall for insolvent estate

Answer 32

Secured creditors have priority over unsecured creditors, so the secured mortgage lender must be paid first and will receive repayment of the mortgage in full. Once this secured debt is paid, the remaining assets are used to pay the unsecured creditors. These creditors must be paid in the prescribed order. The order is funeral and administration expenses, preferred debts, ordinary debts, interest on preferred and ordinary debts, and deferred debts. Each creditor ranks equally in a category, and their payments abate proportionally.

Blackletter law rule: to pay off an estate’s debts and funerary expenses, the executor must sell assets in accordance with the statutory order under AEA 1925 (subject to the terms of the will). Start with failed gifts that fall outside the residuary, then the residuary, then assets set aside to pay debts, then pecuniary/general and then specific.

Question 33

adverse possession reqs?

reg and un reg

Answer 33

In the registered system, the period of adverse possession is a minimum of 10 years; after 10 years, the squatter may apply for registration of title. The applicant will have to show that they have actual physical possession of the land; that possession is exclusive to the applicant; and that possession of the land is without the permission of the landowner

12 years unreg

Question 34

intestate estate - how much passes to spouse?

Answer 34

The rules of intestate succession apply when a person dies without a will. Under these rules, when the deceased is survived by a spouse or civil partner and issue, the spouse or civil partner will receive personal chattels, £322,000, and one-half of the residue. The deceased’s issue will take the other half of the residue. The intestacy rules classify children born to unmarried parents as issue, and so the daughter is entitled to share in the estate.

Question 35

estate trustee prtatection from unknown creditors

Answer 35

Under section 27 Trustee Act 1925, an executor can receive protection from claims by unknown creditors by advertising the decedent’s death in the London Gazette, a local newspaper, and any other appropriate newspaper. They then must wait two months from the date of the advertisements before distributing the estate.

will pretect against unknown benes as well as creditors but not named bene who cannot be found

Question 36

delay of access to legal advice

Answer 36

36 hours

only when;
(1) the suspect is arrested on an indictable only or either way offence, (2) a police officer of the rank of superintendent or above has authorised the delay in writing, and (3) the officer has reasonable grounds to believe that exercise of the right will lead to interference with evidence, interference with others, alerting other suspects, or hindering the recovery of property related to the offence. The right can be delayed 36 hours at most,

Question 37

Summary only
Either way
indictable

Answer 37

Examples of summary only offences include: common assault, being drunk and disorderly, minor criminal damage (i.e. under £5,000), minor motoring offences.

Examples of either-way offences are: assault occasioning actual bodily harm (often referred to as ‘ABH’), theft, drug offences and burglary. (Whilst theft is ordinarily an either way offence, theft under the value of £200 is treated as summary only in that the Magistrates’ Court cannot decline jurisdiction. However, the defendant is able to elect Crown Court trial)

Examples of indictable only offences include: murder; manslaughter; wounding or causing grievous bodily harm with intent; rape and robbery.

Question 38

paying princpal and agent costs on behalf oc clinst

Answer 38

as the invoice is addressed to the client. If there are sufficient funds available, the solicitor can use client funds to pay this invoice.

the principal method of payment would apply. The invoice was addressed to the firm and, therefore, business money must be used to pay these bills.

Question 39

legal ownership of land

Answer 39

joint tenancy

survivalist applies

The proprietorship register indicates the current legal owners of a property, that is, the holders of the legal estate. The legal estate must be held as joint tenants.

Where the beneficial interest is owned as tenants in common, there will be a standard Form A restriction in the proprietorship register to prevent dealings with the land other than in accordance with the terms of that restriction. Here, the presence of a Form A restriction on the proprietorship register indicates the couple held the beneficial interest as tenants in common.

Question 40

Xxxx

Answer 40

Xxxxx

Question 41

change of will by bene

Answer 41

A variation allows a beneficiary to change who receives their inheritance. To be effective for tax purposes, a variation must be made in writing, made within two years of death, and not made for monetary consideration.

Question 42

patent v latent defects

Answer 42

Patent defects are visible flaws that can be easily seen, while latent defects are hidden flaws that are difficult to detect

Question 43

minor bebes under a turst

Answer 43

trustees MAY pay for school fees and maintenance but not directly to the minor

Trustees have the discretionary power to advance trust capital for a beneficiary’s advancement or benefit when the beneficiary has an interest in the capital. Therefore, the trustees can advance £55,000 for the purchase of the car if they believe it would be for the beneficiary’s advancement or benefit.

Once the beneficiary turns 18, ongoing income must be paid to them until their contingent interest is satisfied.

Question 44

types of title guarantee

Answer 44

A full title guarantee includes a guarantee that the seller is entitled to sell the property, that they will do all in their power to transfer the purported title to the buyer, and that they are selling the property free from all charges or encumbrances other than those disclosed in the contract.

No title guarantee would be given by a seller who has no knowledge of the property at all, for example, a mortgagee in possession.

A limited title guarantee is narrower in scope than a full title guarantee; in it, the seller merely warrants that the seller has not created any charges or granted any rights during their period of ownership that have not been disclosed in the contract. A limited title guarantee is typically given by a seller with less knowledge or involvement with the property and is most appropriate when, for example, the seller is a personal representative.

Question 45

classes of title

Answer 45

Absolute Title:
This is the preferred class, signifying that the Land Registry has verified the ownership with sufficient evidence and considers the title to be completely clear and undisputed.
Qualified Title:
This is granted when there is a minor defect or reservation in the title that cannot be ignored, but the ownership is still largely considered valid.
Possessory Title:
This is given when the ownership is based on adverse possession or when the title deeds are missing, indicating a weaker claim to the land.
Good Leasehold Title:
This applies specifically to leasehold properties where the freehold title is not registered with absolute title, meaning there might be some uncertainty regarding the landlord’s ownership

Question 46

Max time held without charge

Answer 46

The maximum time that a suspect can remain in custody prior to charge is 96 hours from the ‘relevant time’. The relevant time is when the suspect arrives at the police station.

The rules are: a suspect can be detained for 24 hours from arrival at the police station (if arrested and brought there). If the police want to extend, they can do so for another 12 hours provided they have consent from the super and it is within the initial 24 hour period that the decision is made. If they want to extend beyond 36 hours, they need a warrant from the MC. Authorisation to apply for one must be given by the super. The MC can authorise detention for a max of 36 hours more. Then another one will need to be applied for.

Blackletter law rule: when calculating the time periods for the detention clock, remember to start counting from the arrival at the police station if the suspect has been arrested and brought to the police station, not from time of authorisation of detention.

Question 47

puisne mortgage

Answer 47

a puisne mortgage is how a second or subsequent charge is protected as registration of a land charge if the title to the land is unregistered

Question 48

Authorised Guarantee Agreement

Answer 48

In leases made after 1 January 1996, tenants are automatically released from their covenants upon assignment. A tenant will not be liable for a subsequent tenant’s breach of covenant after the assignment. However, as a condition of giving consent to an assignment, a landlord can require an outgoing tenant to enter into an Authorised Guarantee Agreement in which the outgoing tenant will act as guarantor for his immediate successor in title.

Question 49

where is a minor tried?

Answer 49

Blackletter law rule: youths are tried in the Youth Court. But an exception to this is if the youth has committed a “grave crime” and, if convicted, there is a reasonable prospect their sentence will be a detention order for substantially more than 2 years (the maximum sentencing power of the Youth Court). In that case, they are tried in the Crown Court. Grave crimes include sexual and firearm offences and violent offences which for an adult have a max sentence of 14 years or more.

Question 50

failure to complete - remedies and timeline

Answer 50

if either the buyer or the seller fails to complete, the other party can serve a notice to complete. If after service of the notice the other party does not complete within 10 working days, then the innocent party can rescind and claim damages (plus if you are the seller take the deposit, if the buyer get the deposit back).

Question 51

recklessness test

Answer 51

Blackletter law rule: recklessness is a two-stage test: did the defendant foresee the risk (subjective) and was it unreasonable for him to have taken the risk in the circumstances known to him at the time (objective).

Question 52

Residentail nil rate band

Answer 52

Blackletter law rule: if a main home is passed down to a lineal descendant of the deceased, then the RNRB applies and increases the NRB by £175,000 (for a property up to £2m).

Question 53

passing of covs

Answer 53

Blackletter law rule: the burden of a positive covenant does not pass. It can only be enforced against the original covenantor, who must then get compensation for any pay out because of the breach under an indemnity. A restrictive covenant can be enforced directly against any successor in title against the covenantor provided that it is validly registered.

Question 54

Tracing to innocnet voulnteer

Answer 54

a beneficiary and/or principal can trace trust or fiduciary property into the hands of an innocent volunteer. That includes if the volunteer still holds the money or property or has used it to buy replacement property. BUT NOT A PERSONAL CLAIM AGAINST THE VOL - GAINST tghe prop

Question 55

Freehold Covenants

(ie not between landlord and tennat)

Answer 55

Must be by deed

Equitable

benefit or burned can pass with land

positive covenant - makes someone do something on their land (spend money)

negatieve covenant - restricts someone do something on their land

dominant and servant land

*A freehold covenant creates both a contractual relationship between the original covenantor and covenantee and a proprietary interest which may need to be registered. - so two ways which this can pass by law or equity. cannot be mixed. both bebefit and burn must pass if to be enforced bu two cucceros in title.

Passing benefit at common law
-burden of covenant may never pass (unless they have a choice and use it) - but can be enforced against original covenantor (so could seek indemnity)
-benefit often passes

Passing Burden in equity
-must be negative (restrictive covenant not to do something - NOT spending money)
-must relate to the land (eg cnat be for an indicidual not to act in a certin way) and land must touch
-a restrictive cov Must be registred for reg and unreg land

Passing benefit in equity
-must me retsrictive/nagative

Question 56

easements

Answer 56

Most easements are positive easements: they give someone the right to use the land of another in a particular way.

Criteria
-There must be a piece of land which enjoys the use of the easement (DT), and a piece of land that bears it ST .
-owned by diffrnet people
-cannot be perosbal must befort the land not a peroan
-land must touch
-must be certain enough eg righst of way, drainage or storage not right to a view
-ST must not have to pay or repair
-no premission to exersie

express easmenst must be reg for reg land (charges regsistry of ST) or in a dedd for unreg land (no reg neccery binds world)

implied easment no need for reg

equitabkle easment must be reg fo reg and unreg alnd

easmnet by poerceription
-20 years
-freeholder to freeholder

Question 57

vested absoklsute an conctingent intrests in trusrt

Answer 57

Vested Interest: This is a present right to future enjoyment of the trust property. It means that the beneficiary is guaranteed to receive a share of the trust property at some point in the future, even if they may not be able to enjoy it immediately. For example, if a trust provides that income is to be paid to a beneficiary for life, with the remainder going to their children upon their death, the children have a vested interest in the remainder even though they cannot receive it until their parent dies.

Absolute Interest: This is the most complete form of ownership in a trust. It means that the beneficiary has the right to both the income and the principal of the trust property, free from any conditions or restrictions. They can use, sell, or dispose of the property as they wish.

Contingent Interest: This is a future interest that may or may not become vested, depending on the occurrence of a specified condition. For example, if a trust provides that property is to go to a beneficiary if they graduate from college, their interest is contingent upon their graduation. If they do not graduate, their interest will never vest.

Question 58

non fatal offences

Answer 58

Question 59

if no PRs who can apply

Answer 59

if will;
-resuduary trustee
any resuduary bene
-PRs of resuudary bebe
-any other bene or creditor of etste
-PRs of any other bene or creditor of etste

if no wil;
-spouse
-children
-parents
-siblings
-grandparents

Question 60

formula for EXCHANGE

Answer 60

Question 61

root of title

Answer 61

15 years

Question 62

when does title to land pass

Answer 62

Equitable - on exchange

legal:
reg - on reg
unreg - on completion

Question 63

perscriptive easemnt

Answer 63

20 years

Question 64

where is an easemnt regsitred

Answer 64

charges register

Question 65

souse overr iding interest where reg

Answer 65

reg of title

Question 66

business releif on IHT

Answer 66

unlisted co - 100% if heald for 2 years

listed co - 50% discount if hold 50%

Question 67

timeline for notice to complete

Answer 67

10 days