Law: Land Law Flashcards
What is a flying freehold?
Flying freehold is an English legal term to describe a freehold which overhangs or underlies another freehold. Common cases include a room situated above a shared passageway in a semi-detached house, or a balcony which extends over a neighbouring property.
Under which Act do the two legal estates in land exist?
law of estates act 1925
Law of property act 1935
Land and property act 1922
Law of property act 1925
Law of Property Act 1925
Which unities are required for a joint tenancy to operate?
Period, interest, tenancy, time
Possession, interest, tenancy, time
possession, interest, title, time
The four unities are not ‘required’ and can be avoided by express agreement
possession, interest, title, time
What are the two legal estates in land?
Leasehold and freehold
Common hold and freehold
Leasehold and commonhold
Fee simple and fee tail
Leasehold and freehold
What is commonhold estate?
A type of leasehold estate
A type of ownership which applies to unregistered land
A type of ownership of a house
A type of ownership which applies to registered land
A type of ownership which applies to registered land
Which is true of covenants?
Covenants never run with the land, they are purely personal.
Negative covenants may run with the land, positive covenants do not.
positive and negative covenants always run with the land.
Positive covenants run with the land, negative covenants do not.
Negative covenants may run with the land, positive covenants do not.
What is a leasehold interest?
A term of years absolute which gives the tenant exclusive possession
Freehold ownership of a property which allows the tenant exclusive possession
A term of years absolute which allows the tenant to occupy the property without exclusive possession.
An uncertain time which gives the tenant exclusive possession.
A term of years absolute which gives the tenant exclusive possession
A ‘squatter’ takes possession of a piece of land in 2004. At what point can he/she first make a claim to be registered as the proprietor using the law of adverse possession?
2007
2014
2032
2016
2016
Which of the following statements is true?
Wayleaves relate to neighbouring or related land
Wayleaves are terminable contracts
Wayleaves must be arranged by deed
Wayleaves are irrevocable rights binding on successive landlords
Wayleaves are terminable contracts
An estate in land can relate to:
Leasehold land
Freehold land
Freehold or Leasehold land
Easement, restrictive covenants and other rights
Freehold or Leasehold land
In a standard conveyance, which of the following is usually carried out by the seller?
Obtaining the mortgage offer
Drafting the contract
Drafting the transfer
Carrying out searches
Drafting the contract
In England and Wales, at what point in a conveyancing transaction are the parties legally bound to the transaction?
Production of the contract by the sellers solicitor
Completion
Exchange of contracts
Acceptance by the seller of the buyers offer
Exchange of contracts
What distinguishes a deed from any other contract?
It is signed
It is in writing
It is signed, witnessed, delivered and called a deed
It is signed and witnessed
It is signed, witnessed, delivered and called a deed
Why is it important to ascertain whether something is a fixture or a chattel?
Fixtures must be left by the out-going vendor
Fixtures can be taken by the out-going vendor
The vendor can charge extra for the fixtures
It makes no difference whether something is a fixture or a chattel
Fixtures must be left by the out-going vendor
What is ‘gazumping’?
Purchaser making a lower offer after previously agreeing a price
Vendor accepting a higher offer after already accepting a previous offer
Purchaser withdrawing offer at the last minute
Vendor withdrawing the property from the market at the last minute
Vendor accepting a higher offer after already accepting a previous offer
What is ‘gazundering’?
Vendor withdrawing the property from the market at the last minute
Purchaser making a lower offer after previously agreeing a price
Vendor accepting a higher offer after already accepting a previous offer
Purchaser withdrawing offer at the last minute
Purchaser making a lower offer after previously agreeing a price
A quasi-easement is?
A right that displays only some of the characteristics of an easement
A potential easement
A negative easement
Right that was claimed to be an easement, but has been found to not in fact be an easement
A potential easement
How are legal easements created?
By contract
By deed
By lease
Verbally
By deed
By lease
How his title to unregistered land proven?
By looking at a copy of the register held at the land Registry
By proving 12 years unlawful possession of the land
By proving 15 years unlawful possession of the land
By showing a chain of ownership stretching back at least 15 years
By showing a chain of ownership stretching back at least 15 years
In commonhold property ownership pattern is?
Apartments held under the new commonhold
Apartments held freehold with communal areas under shared ownership
Apartments held leasehold communal areas under shared ownership
Apartments held freehold with communal areas least
Apartments help freehold with communal areas and a shared ownership
What distinguishes a contract from a gift
The intention of the parties
The exchange of money in return for goods
Something of value given in return for goods or services
One of the parties to a contract must be in business
Something of value given in return for goods or services
The contract need to be in writing to be binding?
No
Yes
Only if involving more than £1000
Only if indicated by legislation, according to subject matter
Only if indicated by legislation, according to subject matter
Is a contract to sell a house for £1 valid?
No
Yes
Only if previous occupant is deceased
Only if sale on a repossession
Yes
Which of the following statements is true?
Landownership carries rights to all minerals under the surface
Landownership carries no rights to minerals under the surface
another party can extract gas/minerals under your land without your permission if works are below the statutory depth
another party cannot extract gas minerals and your land without permission
Another party can extract the gas/minerals under your land without your permission if works are below the statutory depth
The person starting a civil case is called?
The applicant
The complainant
The claimant
The plaintiff
The claimant
An expert witness
Has an overriding duty to the court
Has an overriding duty to his/her client
Cannot be sued in respect of advice given to his/her client
Cannot give evidence with regard to both parties in a case
Has an overriding duty to the court
Legislation?
Law made by judges
Law in general
Law created in Parliament
Law created in Europe
Law created in Parliament
Judicial precedent?
Law court cases
Law from Supreme Court cases
Court judgements highlighted as important
Journal papers written by judges
Court judgements highlighted as important
What does ADR stand for?
Arbitration dispute review
Arbitration dispute resolution
Alternative dispute resolution
All defendant response
Alternative dispute resolution
Civil law
Aspect of public law
Law controlling wrongdoing
Private law involving relationships between individuals
Civil law relates to the enforcement of particular forms of behaviour
Private law involving relationships between individuals
Criminal law
Relates to the wrong doings of individuals
Relates to any wrongdoing punishable by imprisonment
Relates to public law involving damage, loss or injury
Relates to any legal issue within the jurisdiction of the police
Relates to public law involving damage, Loss or injury
Freehold
Fee
Simple
Absolute
In position
The – means and inheritable estate
Simple – inheritable by anyone
Absolute – an unconditional, unmodified estate that will go on for ever rather than being limited by in a event which may occur in the future e.g. a marriage
In possession – the owner is either in physical possession or is entitled to the rent
Leasehold
An estate in land for a term of years absolute
An known duration from the start
Define an easement
Irrevocable
private rights
over neighbouring/related land
enjoyed by successive landowners
Quasi-easement
Right similar to an easement but lacking one of the key requirements
An easement relating to utilities
A right which will be an easement if the land were not in common ownership
A right to light
A right which would be an easement if the land were not in common ownership
Restrictive covenants
Right to stop neighbours doing something regarding land use
Promise in deed, and probably registered
A right to stop neighbours doing something forcing them to do something
An injunction to prevent building
A right to stop neighbours doing something regarding land use
Adverse possession
councils taking possession of abandoned land
Taking legal right of another’s land after 10 years of unlawful occupation
Taking legal title of another’s land after 12 years of unlawful occupation
Unlawful occupation of land
Unlawful occupation of land
Testatrix
A man who has made a valid will
A woman who has made a valid will
A person who has made a valid will
A person who lived in ancient businesses Gaul
A woman who was made a valid will
The simple
Freehold land subject to easements and/or wayleaves
The amount paid for land
Freehold land held in absolute position subject to no conditions or constraints on trance for or disposition of death
Leasehold land subject to no conditions
Freehold land held in absolute possession subject are no conditions or constraints on transfer or disposition on death
Wayleaves
Rights over neighbouring property established through long usage
Rights over neighbouring property established by statute
Rights over property, normally established by contract, regarding utilities or passage of minerals
Rights over watercourses
Rights over property, normally established by contract, regarding utilities or passage of minerals
