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SQE 1 > Land Law > Flashcards

Land Law Flashcards

1
Q

Corporal Hereditaments (7)

A
  1. Surface of Land
  2. Buildings
  3. Parts of Buildings
  4. Mines
  5. Minerals
  6. Trees
  7. Plants
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2
Q

Incorporeal Hereditaments (3)

A
  1. Rights
  2. Easements
  3. Rents
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3
Q

Fixtures (2)

A
  1. Part of Land
  2. Pass Automatically on Sale
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4
Q

Fittings (2)

A
  1. Not part of the land
  2. Must be mentioned in contract
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5
Q

Test to Determine if Fixture or Not

A
  1. Degree of Annexation
  2. Purpose of Annexation
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6
Q

Types of Legal Estates

A
  1. Freehold
  2. Leasehold
  3. Legal Interests
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7
Q

Types of Legal Interests

A
  1. Mortgages
  2. Easements
  3. Rent Charges
  4. Profit a Prendre
  5. Right of Entry
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8
Q

Equitable Interests

A
  1. Equitable Mortgage
  2. Restrictive Covenant
  3. Estate Contract
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9
Q

Elements of Contract

A
  1. Offer
  2. Acceptance
  3. Consideration
  4. In Writing
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10
Q

Valid Deed

A
  1. In Writing
  2. Intended to be a deed
  3. Executed as a deed (signed, witnessed, delivered)
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11
Q

Requirements of good root of title

A
  1. Document must be atleast 15 years old
  2. Deal with whole legal and equitable estate
  3. Must contain adequate description of property and not cast any doubt
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12
Q

Unregistered System: Buyer bound irrespective of notice

A

Legal Interests

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13
Q

Unregistered System: Buyer bound only with notice

A

Equitable Interests

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14
Q

Classification of Land Charges

A
  1. C(i) - Puisne Mortgage
  2. C(iv) - Estate Contract
  3. D(ii) - Restrictive Convenant
  4. D(iii) - Equitable Easement
  5. F - Home Occupation Rights
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15
Q

Unregistered Interests Overriding First Registration

A
  1. Lease granted for 7 years or less
  2. Legal Easement
  3. Local Land Charge
  4. Interest of Someone in Actual Occupation
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16
Q

Adverse Possession of Unregistered Land

A
  1. Owner allows occupation for 12 years
  2. Actual Land
  3. Possession has been exclusive
  4. The Possession without permission of landowner
17
Q

Property Register

A

Address, Estate, Rights Benefitting Property

18
Q

Proprietorship Register

A

Holder of Legal Estate

19
Q

Charges Register

A

Rights burdening property

20
Q

Classes of Title (4)

A
  1. Title Absolute
  2. Qualified Title
  3. Possessory Title
  4. Good Leasehold Title
21
Q

Adverse Possession of Registered Land

A
  1. After 10 Years Possession
  2. Possessor has right to apply for title
  3. Owner can object
22
Q

Exceptions to Owner Objections to Adverse Posession

A
  1. Unconscienable to evict squatter
  2. Mistake with boundaries
  3. Landowner knows about squatter
23
Q

Joint Tenancy

A
  1. Not entitled to defined share of property
  2. Principle of Survivorship applies
  3. Legal Estate must be held as joint tenancy
24
Q

Tenancy in Common

A
  1. No Survivorship
  2. May only apply to beneficial interest
25
Q

Severance

A
  1. Coverts joint tenancy to tenancy in common
  2. Applies only to beneficial interest
26
Q

Methods of Severance

A
  1. Written Notice
  2. Bankruptcy
  3. Mutual Agreement
27
Q

Overreaching

A

Mechanism if the buyer pays purchase money to 2 or more trustees, interest of behind-the-scenes beneficiaries transfers from land to sale proceeds

28
Q

Contents of Lease

A
  1. Term of the lease
  2. Rent payable
  3. Quiet Enjoyment
  4. Repair
  5. Alteration of premises
29
Q

Assignment before 1 January 1996

A
  1. Original landlord and tenant remain liable for full lease term
30
Q

Legal Easement

A
  1. Created by Deed
  2. Fixed Period or Last Forever
31
Q

Easement may arise through

A
  1. Express grant or reservation
  2. Implied grant or reservation
  3. Statute
  4. Prescription
32
Q

Covenant must …

A
  1. Touch and concern the land
  2. Parties must have intended for the covenant to run with the land
  3. Covenantee must have held the legal estate that benefitted

SQE 1 (16 decks)

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