Interests in Land Flashcards
Which of the following is not an interest in land?
A) A mortgage
B) A lease
C) A licence
D) An easement
C) A licence
📌 Explanation: A licence is a personal right, not a proprietary interest. It does not bind third parties.
Which legislation defines legal and equitable interests in land?
A) Land Registration Act 2002
B) Law of Property Act 1925
C) Leasehold Reform Act 1967
D) Trusts of Land and Appointment of Trustees Act 1996
B) Law of Property Act 1925
📌 Explanation: LPA 1925, s 1 limits the number of legal interests in land and distinguishes legal and equitable interests.
Sophie buys a house and wants to ensure that no future owner can build another house on the land. What should she create?
A) An estate contract
B) A restrictive covenant
C) A leasehold interest
D) A right of entry
B) A restrictive covenant
📌 Explanation: A restrictive covenant prevents certain actions (e.g., construction) on land.
John grants his neighbour a right to park on his land forever. What type of interest is this?
A) A legal easement
B) A personal licence
C) A restrictive covenant
D) An estate contract
A) A legal easement
📌 Explanation: A right to use land indefinitely is a legal easement, provided it meets LPA 1925, s 1(2)(a).
A landlord wants the legal ability to re-enter a leased property if rent is unpaid. What right should they include in the lease?
A) An estate contract
B) A restrictive covenant
C) A right of entry
D) A trust of land
C) A right of entry
📌 Explanation: A right of entry allows a landlord to terminate a lease upon tenant default.
Mark agrees to buy a house but has not yet completed the purchase. Does he have an interest in land?
A) No, because he does not legally own it yet.
B) Yes, because an estate contract creates an equitable interest.
C) No, unless he has paid 50% of the price.
D) Yes, but only if the contract is for at least 5 years.
B) Yes, because an estate contract creates an equitable interest.
📌 Explanation: A contract to buy land creates an equitable interest, enforceable through specific performance.
Which of the following is a legal interest in land under LPA 1925, s 1(2)?
A) Restrictive covenant
B) Easement granted for an uncertain term
C) Mortgage
D) Estate contract
C) Mortgage
📌 Explanation: LPA 1925, s 1(2)(c) recognizes a mortgage as a legal interest in land.
Which interest is always equitable rather than legal?
A) A mortgage
B) An easement for a fixed term
C) A restrictive covenant
D) A right of entry
C) A restrictive covenant
📌 Explanation: Restrictive covenants are equitable interests under LPA 1925, s 1(3) and are enforced in equity.
A right to use land for a specific purpose (e.g., a right of way) is known as:
A) A restrictive covenant
B) An estate contract
C) An easement
D) A mortgage
C) An easement
📌 Explanation: An easement allows the use of another’s land for a defined purpose (e.g., access).
Which legal interest allows a landlord to reclaim possession of leased property upon tenant default?
A) An estate contract
B) A right of entry
C) An easement
D) A restrictive covenant
B) A right of entry
📌 Explanation: A right of entry gives a landlord the power to re-enter and terminate a lease in certain conditions.
Which of the following must be registered to be enforceable against third parties?
A) Legal mortgage
B) Easement for a fixed term
C) Restrictive covenant
D) All of the above
D) All of the above
📌 Explanation: Registration is required for most proprietary interests to ensure they bind new landowners.
Which interest in land is considered a security for a loan?
A) Mortgage
B) Easement
C) Restrictive covenant
D) Estate contract
A) Mortgage
📌 Explanation: A mortgage is a proprietary right used as security for a loan, allowing repossession if repayments default.
Which statement about estate contracts is correct?
A) They only apply to freehold land
B) They create an equitable interest in land
C) They are always binding on third parties
D) They must be legal interests
B) They create an equitable interest in land
📌 Explanation: Estate contracts (e.g., option to buy land) create equitable interests under LPA 1925, s 1(3).
A restrictive covenant must be:
A) Positive in nature
B) Negative in nature
C) Capable of being a legal interest
D) Limited to leasehold land
B) Negative in nature
📌 Explanation: Restrictive covenants prevent landowners from doing something (e.g., “no building on this land”).
Which of the following statements about easements is true?
A) They must be granted for a freehold or leasehold equivalent to be legal
B) They only apply to commercial property
C) They can never bind third parties
D) They are automatically personal rights
A) They must be granted for a freehold or leasehold equivalent to be legal
📌 Explanation: Easements must be granted forever (freehold) or for a term (leasehold) to be legal under LPA 1925, s 1(2)(a).
Which interest in land is created when a person holds property on behalf of another?
A) Mortgage
B) Estate contract
C) Trust of land
D) Easement
C) Trust of land
📌 Explanation: A trust of land arises when a trustee holds legal title but a beneficiary has an equitable interest.
Which legal principle allows the enforcement of estate contracts?
A) Privity of contract
B) Specific performance
C) Adverse possession
D) Common law damages
B) Specific performance
📌 Explanation: Equity treats land as unique, so courts often enforce estate contracts through specific performance.
Which of the following is not an equitable interest?
A) A restrictive covenant
B) A trust of land
C) A mortgage
D) An estate contract
C) A mortgage
📌 Explanation: A mortgage is a legal interest under LPA 1925, s 1(2)(c), while restrictive covenants, estate contracts, and trusts are equitable interests.
James sells a portion of his land to Olivia but wants to ensure she never uses it for business purposes. What type of interest should he create?
A) An easement
B) A restrictive covenant
C) A right of entry
D) A mortgage
B) A restrictive covenant
📌 Explanation: A restrictive covenant prevents the new owner from using the land in a specific way.
A developer agrees to sell land to a buyer in six months but remains the legal owner until completion. What interest in land does the buyer have?
A) A legal interest
B) An estate contract, creating an equitable interest
C) A right of entry
D) A restrictive covenant
Answer: B) An estate contract, creating an equitable interest
📌 Explanation: Estate contracts create an equitable interest, allowing the buyer to enforce the sale.
