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SQE 1 > Property > Flashcards

Property Flashcards

1
Q

Property Register

A

Property description
BENEFITS (easement) - found after the words ‘together with’ in a conveyance

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2
Q

Proprietorship Register

A

Ownership
Class of Title
Restrictions

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3
Q

Charges Register

A

BURDENS (covenants or easements)

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4
Q

Charges register - burdens (5)

A
  1. Mortgages / charges
  2. Covenants burdening property
  3. Easements
  4. Leases
  5. Notices
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5
Q

Hand in Pocket Test

A

Do we have to do something financially?
Yes = Positive Covenant
No = Restrictive Covenant

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6
Q

Restrictive Covenant

A

One landowner promises the other landowner not to carry out certain acts on their own land

The burden of restrictive covenants runs with the land, so binding on buyer following completion

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7
Q

Positive Covenants

A

A promise to do something or to spend money

The burden of positive covenants does not run with the land

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8
Q

Easement

A

Benefit or Burden

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9
Q

Covenant

A

Burden

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10
Q

Incumbrance (restriction)

A

Easements and covenants burdening the property

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11
Q

Ancillary rights

A

Easements benefitting the property

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12
Q

Mutually Enforceable

A

Building Schemes

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13
Q

Overriding Interests (4)

A
  1. Persons in actual occupation
  2. Local land charges
  3. Legal easement by prescription
  4. Legal leases of 7 years or less
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14
Q

Deeds after 31 July 1990

A

In writing
Intended to be deed
Signed in presence of witness who attests
Delivered

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15
Q

Deeds before 31 July 1990

A

Signed
Sealed
Delivered

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16
Q

Easements benefitting the property wording

A

found after the words ‘together with’

17
Q

Easements burdening the property wording

A

found after the words ‘excepting and reserving’

18
Q

Onerous / burdensome covenants wording

A

found after the words ‘subject to’

19
Q

Godo root of title (ABCD)

A

A - adequately described property
B - be dated more than 15 years ago
C - cast no doubt on seller’s title
D - deals with legal and beneficial title

SQE 1 (6 decks)

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