Land Law

Question 1

What are the four essential characteristics of an easement?

Answer 1

1. There must be a dominant and servient tenement
2. Easement must benefit the dominant land, not just the owner/occupier personally
3. Dominant and servient land must be in separate ownership
4. Right must be capable of being an easement and described sufficiently to identify it

Question 2

What are the four ways an easement can be created?

Answer 2

1. Express grant or reservation
2. Implied grant or reservation
3. Prescription
4. Statute

Question 3

Under section 62 of the Law of Property Act 1925, what type of easements and profits will pass under statute even if not specifically mentioned in the transfer document (and why), and does this apply to grant and reservation (and why)?

Answer 3

Easements and profits appurtenant because they run with the land and cannot be transferred on their own.

Just grant, because if the seller wanted to reserve them when selling a parcel of land, they easily could have (same reason why implied easement generally can’t help seller other than two exceptions).

Question 4

What are the four types of easements which can arise impliedly?

Answer 4

1. Easements by necessity
2. Intended (but not executed) easements
3. Ancillary easements
4. Easements implied by existing use

Question 5

What are the five rights a mortgagee has once the legal mortgage is registered as a charge?

Answer 5

1. Sue for the debt
2. Take possession
3. Foreclose
4. Sell
5. Right to appoint receiver

Question 6

What is the effect of foreclosure and when does the right to it arise?

Answer 6

The mortgagee becomes the owner of the property. Right does not arise until after the contractual due date has passed.

Question 7

What are the three requirements, one of which is enough, for the power of sale to become exercisable?

Answer 7

1. Interest payments more than two months in arrears
2. Written request for payment and three months has passed
3. Breach of any other term of the mortgage

Question 8

In the unregistered system, which legal mortgage will have priority?

Answer 8

Whichever one is protected by deposit of the title deeds with the lender

Question 9

In the unregistered system, how should (1) a legal mortgage not protected by deposit of title deeds and (2) an equitable mortgage be protected?

Answer 9

Legal mortgage: Class C(i) puisne mortgage land charge

Equitable mortgage: Class C(iii) general equitable interest land charge

Question 10

What topics does the full Land Law deck contain, and how do I access it?

Answer 10

The full deck contains over 280 flashcards dealing with the SRA syllabus:

• The Nature of Land;
• Estates and Interests in Land;
• Principles of Unregistered Title to Land;
• Registration of Title to Land;
• Co-Ownership of Land;
• Leases;
• Easements and Profits;
• Freehold Covenants;
• Mortgages.

Access is currently £25 per full subject, e.g. Land Law, or £250 for access to all 16 SQE1 decks / £200 for 13 SQE2 decks. Visit www.cleverprep.co.uk to arrange full access.