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Property and Land Flashcards

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1
Q

Can a solicitor act for a buyer and seller of property?

A

No. Common interest does not apply to property purchases.

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2
Q

Can a solicitor act for a buyer and lender?

A

Yes if the mortgage is on standard terms and there is a substantially common interest.

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3
Q

Can covenants be legal?

A

No.

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4
Q

Can a periodic lease be legal?

A

Yes. All leases can be legal.

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5
Q

Does exchange of contracts create an equitable interest in land?

A

Yes.

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6
Q

What are the SLDT bands for property?

A

0 up to 250k.

5% up to 925k.

10% up to 1.5m

12% for anything above.

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7
Q

What are the SLFT bands for first time buyers of property less than 625k?

A

0 up to 425k.

5% up to 625k.

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8
Q

When is VAT compulsory for the sale of commercial property?

A

If it was completed within the last three years and is a new property.

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9
Q

Is VAT for old commercial properties compulsory?

A

No it’s optional.

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10
Q

Is VAT usually charged on residential properties?

A

No.

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11
Q

What type of lease does not need to be registered?

A

Any lease lasting seven years or less.

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12
Q

What is the period of a periodic tenancy?

A

How often rent is paid.

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13
Q

How much notice must be given to end a periodic tenancy?

A

At least one full period.

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14
Q

Does a parole lease need to be created by deed to be legal?

A

No. It can be agreed upon orally.

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15
Q

Can an option be legal?

A

No.

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16
Q

If I pay a lump sum payment for a three year lease, is it a parol lease?

A

No because I’ve paid a premium.

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17
Q

When will equity intervene to recognise a lease not created by deed?

A

Agreement is in writing and signed with all express terms and tenant must have clean hands.

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18
Q

Are non-attached garden sculptures chattels or fixtures?

A

Fixtures if they are part of the ‘architectural design’ of the garden.

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19
Q

When is an easement legal?

A

When it is for a defined period of time or ‘indefinitely’ - when it has the subject matter of what could be a grant.

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20
Q

What happens if there is a dispute between tenants in common about selling a property?

A

Any of the tenants may apply to the court for an order at the court’s discretion.

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21
Q

What is the period of serving an enforcement notice in respect to changes of use?

A

4 years.

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22
Q

What is the period of serving an enforcement notice in respect of breaching planning control?

A

10 years.

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23
Q

Does change of use amount to development?

A

If it is not within the same category of use.

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24
Q

What type of building work does not amount to development?

A

Internal building work.

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25
Q

What needs to be obtained whenever building works are to be done?

A

Building regulations consent.

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26
Q

Can you be a legal owner of property as a minor?

A

No.

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27
Q

What is required for severance of a joint tenancy in equity?

A

Notice in writing.

Sale of share in writing.

Mortgaging share.

Mutual agreement.

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28
Q

Will an unread letter be a valid notice of severance? When is the letter invalid notice?

A

Yes. Only invalid if not delivered.

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29
Q

Is a flood search compulsory for all properties?

A

It’s not compulsory but should be done for all properties regardless of distance to rivers.

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30
Q

What is usually the best root of title?

A

The oldest conveyance.

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31
Q

Which form is submitted to Land Charges to inquire on title issues to an unregistered title?

A

Form K15.

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32
Q

What is a sui generis use?

A

In a separate class of its own use.

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33
Q

Is it necessary to do a land charges search against a lender?

A

No.

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34
Q

What is the time limit for prosecution of breach of building regulation?

A

Two years.

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35
Q

What is the purpose of a canal and river trust search?

A

See if you’re responsible for maintaining waterways and banks.

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36
Q

What is revealed by an Optional Enquiry of the Local Authority (CON290)?

A

Planning and building regulation history of property.

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37
Q

What should be done if the conveyance mentions mining?

A
  • Search with Coal Authority.
  • Index Map Search.
  • Check for signs of subsidence.
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38
Q

What is revealed by a Railway search?

A

Whether you’re liable for repairing fences between property and railways.

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39
Q

For which transactions do the Standard Commercial (SC) Conditions apply?

A

All residential transactions and simple commercial ones.

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40
Q

For which transactions do the Standard Property Commercial Transactions (SCPC) apply?

A

High-value commercial.

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41
Q

Does a buyer need to insure property on exchange of contracts or after completion?

A

On exchange of contracts.

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42
Q

Is it a legal requirement for a contract for sale of land to include standard conditions?

A

No but it is advised.

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43
Q

Does a contract for the sale of land need to be written and signed?

A

Yes.

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44
Q

Can someone sell with limited title guarantee and SCPC?

A

Yes if they alter the contract with a special condition.

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45
Q

What is full title guarantee?

A

The seller covenants that the property is free from incumbrances outside their reasonable knowledge.

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46
Q

What deposit do the SCPC conditions provide for?

A

10% of the purchase price.

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47
Q

What is Formula A of exchanging contracts?

A

One party sends the other party’s solicitor a signed contract.

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48
Q

What is Formula B of exchanging contracts?

A

Both solicitors have their own signed contracts and exchange them.

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49
Q

Under the SCPC, can the solicitor pass on the 10% deposit after receiving it?

A

No. They are meant to hold the deposit as a stakeholder until completion and not before.

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50
Q

Which seller needs to include VAT in their purchase price?

A

Insurance companies.

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51
Q

To whom should the certificate of title be addressed during a property transaction?

A

To the buyer and the lender if there is one.

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52
Q

Do the SCPC provide that the buyer will pay VAT upon completion?

A

Yes.

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53
Q

What is the effect of delayed completion due to buyer default?

A

The buyer pays the interest specified in the front page of the contract or, if left blank, the Law Society’s interest rate.

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54
Q

When can a seller use the deposit made by the buyer under the SC?

A

When they are buying a property to live in.

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55
Q

What is required for an easement to be created by prescription?

A

Someone must have exercised a right without permission for more than 20 years.

If there was permission, it cannot be created by prescription.

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56
Q

What is required for an easement to be created through the rule in Wheeldon v Burrows?

A

Continuos, apparent, necessary right that was used by the seller at the time of sale.

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57
Q

What is required for an easement to be created through S 62?

A

Prior to

A conveyance

The dominant tenement enjoyed the right.

There is diversity of occupation at the time of conveyance I.e the dominant and submissive tenement are different people.

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58
Q

What is the condition for the right to light to be defined as an easement?

A

The light must come in through a defined opening like a window.

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59
Q

What is the rule in Batchelor v Marlow?

A

An easement must leave reasonable use of the land for the grantor. If not, it cannot be an easement.

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60
Q

Which method of transferring money is used in Formula B?

A

Banker’s draft or cheque.

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61
Q

What method of transferring money is used in the SCPC?

A

Electronic method.

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62
Q

What are the conditions for over-reaching?

A

You take a land free from any beneficiary interests under a trust if you buy it from at least two trustees.

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63
Q

Who is Equity’s Darling?

A

You take a land free from any equitable interests if you are a bona fide purchaser and had no notice of the interests.

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64
Q

What type of lease needs to be registered to be binding and legal?

A

Leases LONGER than seven years.

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65
Q

Which register has the record of rights that exist over the land?

A

The Charges register.

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66
Q

Which forms are submitted for searches against registered land?

A

Os1 for whole property.

Os2 for part.

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67
Q

What does the completion form (TA13) include?

A

Place and method of completion.

68
Q

How soon must SDLT be paid on a property transaction?

A

14 days of completion or move-in, whichever is earlier.

69
Q

Do mortgages of commercial property need to be registered at companies house? How soon after completion?

A

Yes. Within 21 days.

70
Q

Are parties liable to pay compensation for late completion?

A

Both for residential.

Only the buyer for commercial.

71
Q

What is the effect of failure to complete?

A

Breach of contract leading to damages in contract.

72
Q

What is the effect of notice to complete?

A

The other party has 10 days to complete and if it doesn’t, you can rescind the contract.

73
Q

What needs to happen for an OS1 search to protect both a buyer and lender?

A

The lender needs to be the named applicant.

74
Q

When does a buyer need to apply to Land Registry post-completion?

A

Within the priority period of the OS1 search done before completion.

75
Q

How is compensation for late completion calculated?

A

(Total price - deposit) X contract rate is the interest amount payable per year.

Divide by 365 for daily rate.

76
Q

What happens if a buyer does not apply to the Land Registry post-completion within the priority period?

A

They will take the burden of any rights created before priority period ended.

In other words, other rights get priority over the buyer’s right to take it free.

77
Q

When does the burden of a covenant pass to a new owner?

A
  1. Buyer had notice.
  2. Restrictive covenant.
  3. Touches and concerns the land.
  4. Originals intended it to run.

Otherwise, burdens of covenants do not run with land.

78
Q

When does the benefit of a covenant pass to a new owner?

A
  1. Covenantee had notice.
  2. Touches and concerns the land.
  3. Originals intended it to run.
79
Q

What is the doctrine of mutual benefit and burden regarding covenants?

A

Burden of positive covenants do not run with land unless you also receive a benefit with the burden.

80
Q

Who is the covenantor?

A

The person who makes the promise. To covenant to do or not to do something is to promise to do or not do it.

81
Q

Can a tenant enforce a covenant or have rights under one?

A

Yes.

82
Q

When is the intention for a covenant to run with a land implied by s79?

A

When the deed does not expressly say otherwise.

In other words, it needs to be explicitly stated that the covenant is not meant to run with the land.

83
Q

Can you sue someone for breach of a covenant after they have sold their share of the land and it was their successor who breached?

A

Yes. The original covenantor remains liable.

84
Q

What sort of covenants never run with the land?

A

The burden of positive covenants.

Except due to the doctrine of mutual benefit and burden.

85
Q

Does the burden of a restrictive covenant run in equity or common law?

A

Only equity.

86
Q

Does a mortgage need to be created by deed?

A

Yes.

87
Q

What are the remedies for a mortgagee upon bankruptcy of the borrower?

A

Debt action or possession.

88
Q

What is the process of taking possession as a lender?

A

Apply to court for a possession order.

If you don’t have a possession order and someone is living in it, you have committed a crime.

89
Q

When does the power of sale or appoint a receiver become exercisable?

A

The borrower has defaulted three months after being given notice or has not paid the last two mortgage payments.

90
Q

What is the order of priority if there is more than one lender?

A

It’s chronological in order of registration, not creation.

91
Q

What is the order of priority that should be followed by a receiver of a property?

A
  • Outgoings on the property.
  • Interest on prior mortgages.
  • Interest on current mortgage.
  • Capital on current mortgage.
92
Q

Does a mortgage need to be registered?

A

Yes.

93
Q

As a lender, do you need permission from the court to take possession of a mortgaged property which no one is living in?

A

No.

94
Q

Is forfeiture a remedy available to lenders?

A

No.

95
Q

Which actions bring a mortgage to an end?

A

Sale or foreclosure.

96
Q

What is the priority period of an official search at land registry?

A

30 working days not clear days.

97
Q

When is appointing a receiver better than debt action for a lender?

A

When the borrower is broke.

98
Q

When should you appoint a second trustee when buying a property?

A

When the property is subject to equitable interests and you want to overreach.

99
Q

Is SLDT payable on rent?

A

Yes and on premiums paid for lease.

100
Q

What are the three types of covenant in a lease?

A

Absolute: complete bar.

Qualified - need landlord’s consent.

Fully Qualified - landlord will not unreasonably withhold consent.

101
Q

When does statute turn a qualified covenant into a fully qualified one?

A

When it is a covenant against making alterations that actually improve the property or assigning the lease.

102
Q

Does a landlord need to explain in writing why they are withholding consent to underlet?

A

Yes under statute. But you can contract out of the statute.

103
Q

What is a tenancy at will?

A

A tenancy that can be ended at any time.

104
Q

When can a landlord serve notice of ending a commercial lease?

A

No more than twelve months and no less than six months before desired end date.

105
Q

If you have a mortgaged property do you need to check if the mortgage allows letting the property?

A

Yes.

106
Q

Can a tenant covenant to put a property in ‘repair’ eg a better state than the one they received it in?

A

Yes.

107
Q

Is SLDT charged on VAT-inclusive rent and premium?

A

Yes.

108
Q

What is an ‘old lease’?

A

Before 1st of January 1996.

109
Q

What is the difference between an old and a new lease?

A

Old leases: all obligations and entitlements that ‘touch and concern the land’ pass to all successors in title. All ‘old tenants and landlords’ remain liable.

New leases: ‘Old tenants’ only remain liable through AGAs. Old landlords are automatically still liable.

110
Q

Can you pay a premium for a parol lease?

A

No. A premium excludes the lease from classifying as a parol lease.

111
Q

How can an old landlord, under a new lease, release themselves from covenants on assignment?

A

By serving a notice on the tenant who has to counter-notice with an objection if they want to stop the release.

112
Q

What does a landlord need to do to pursue a former tenant under an AGA for rent due?

A

Serve notice within six months of rent becoming due.

113
Q

With whom does an assignee covenant under a licence to assign?

A

With the landlord, not the assignor.

114
Q

Do the SCPC provide for an indemnity covenant?

A

Yes.

115
Q

When can a contract be rescinded by either the assignor or assignee because a landlord has not given their consent to assign?

A

Six months after completion date.

116
Q

For what reasons can a landlord reasonably withhold consent to assign?

A

Financial position of assignee or their intended use for the property.

117
Q

What time does the priority period expire and what is the relevance to completion?

A

12 pm and new title should be entered before that.

118
Q

Does an assignor need to deduce superior title?

A

Not under regular SCPC.

119
Q

If consent to assign hasn’t been obtained by completion, when does completion need to happen after consent is obtained?

A

Within five days of consent being given.

120
Q

How soon after providing licence to assign should a landlord want the assignment to take place?

A

Three months at most so that the financial position of the assignee doesn’t change.

121
Q

What is the principle of caveat emptor?

A

‘Buyer beware’ and check the physical state of the property.

122
Q

Which rights over unregistered land are registrable?

A

Equitable easements.

Equitable covenants.

Options.

Family rights.

123
Q

Which rights over unregistered land do NOT bind a buyer?

A

Registrable ones that haven’t been registered.

Trust interests that aren’t registrable if the buyer is either equity’s darling nor has overreached.

Family law statutory rights.

124
Q

When do you overreach someone’s trust interest in unregistered land?

A

You pay money to at least two trustees.

125
Q

When are easements NOT legal?

A

When they are not lease-like - not created by deed properly or not for a fixed period of time.

126
Q

What happens if someone receives a house as a gift over which someone else has an equitable interest?

A

They are bound because they haven’t paid - meaning they couldn’t overreach NOR be equity’s darling.

127
Q

How many years of ownership does a seller of unregistered land need to prove to be able to sell it?

A

15 years.

128
Q

Do you have to pay market value to be a bona fide purchaser?

A

No.

129
Q

Does there need to be a forfeiture clause in a lease for forfeiture to be available?

A

Yes.

130
Q

What is self-help under a lease?

A

Landlord gives tenant notice for repair.

If they don’t repair, landlord repairs then recovers cost as a debt.

131
Q

What are the three types of notices under the Landlord and Tenant 1954 Act?

A

S 25: Landlord wants to end lease. Six to twelve months before end.

S 26: Tenant wants new lease. Six to twelve months before start of new lease.

S 27: Landlord wants to end lease after contractual expiry. Three months after expiry.

132
Q

What is Commercial Rent Arrears Recovery?

A

Take possession, sell tenant’s goods and recover the rent.

133
Q

What are the grounds for opposing a new lease if a tenant applies for one?

A
  • Tenant’s failure to repair.
  • Persistent delay in paying rent.
  • Breach of other obligations.
  • Landlord intends to demolish or reconstruct.
  • Landlord wants to move into property.
  • Landlord can offer alternative accomodation.
134
Q

If a tenant applies for a new lease, what powers does the court have and what are the rules for what the new lease can be?

A
  • Lease duration will be reasonable but cannot exceed 15 years.
  • Rent has to be market rent.
  • Court can insert rent review clause even if previous lease did not have one.
135
Q

Under a commercial lease, can you take possession after breach of any covenant?

A

Only unpaid rent. Otherwise you must serve notice of the breach and the steps to be taken. If they aren’t taken, then you can forfeit the lease.

136
Q

What is the effect of a buyer’s solicitor asking a seller if anyone has any interests in the property and the seller saying no?

A

The buyer officially has no notice and is Equity’s darling.

137
Q

What happens if a tenant who has subletted their apartment surrenders their lease?

A

The subtenant becomes the immediate tenant of the landlord under the terms of the sublease.

138
Q

When does an easement show on the property register and not the charges register?

A

When it is an easement the property BENEFITS from, not is burdened by.

139
Q

Can a landlord withhold consent from allowing a change of use so a tenant doesn’t compete with their business?

A

Yes.

140
Q

How are rights registered in registered vs unregistered land?

A

For registered land, registrable dispositions are registered in charges register. Equitable rights are registered by notice.

For unregistered land, equitable rights are registered as Class C and D charges on the Land Charges register. Legal rights don’t need to be registered because they bind the world.

141
Q

Can you apply to the court to allow for a breach of an absolute bar under a lease?

A

Yes.

142
Q

Are absolute bars final?

A

Yes.

143
Q

Can a party to a deed witness the signature of the other party to the deed?

A

No.

144
Q

Is there a presumption that a covenant is intended to run to successors of land?

A

Yes unless the deed says otherwise.

145
Q

What is a reversionary lease and when is it not an overriding interest?

A

A lease that DOESNT start immediately.

When it starts more than three months after being granted and has NOT been registered.

146
Q

When can a tenant overcome an absolute bar in a lease?

A

When it is an absolute bar against something which would improve the letting value of the property.

If it’s unclear whether the change would improve the value, the court decides.

147
Q

What is sent to pursue money under an AGA?

A

A default notice within six months.

148
Q

Does intention to sever need to be immediate?

A

Yes.

149
Q

How soon after receiving S26 notice must a landlord serve a counternotice opposing renewal?

A

Two months.

150
Q

What is the main defence to regulatory offences?

A

Due dilligence.

151
Q

When is a lease not legal?

A

When it is not created by deed and is also not a parol lease.

152
Q

Which declarations must be made by tenant to agree to be contracted out of Land Act 1954?

A

Lease completion LESS than 14 days after notice - statutory declaration.

Lease completion MORE than 14 days after notice - simple declaration.

153
Q

Which situation is formula C used in?

A

Chain of transactions.

154
Q

What needs to be known about the duration of a lease for the lease to be valid?

A

The maximum duration of the lease. Therefore ‘indefinite’ leases are invalid.

155
Q

Does application for permission to assign need to be made by notice?

A

Yes. Served personally.

Cannot be an email or letter.

156
Q

Is planning permission required for mining?

A

Yes.

157
Q

What are the classes of charges for the Charges register of unregistered land?

A

C: estate contracts, leases, options.
D: Easements and covenants
F: family law rights.

158
Q

Can a legal easement be made without a deed that is signed and witnessed?

A

No.

159
Q

What must be remembered when calculating the penalty rate for late completion?

A

You need to subtract the deposit from the purchase price.

160
Q

When does the court have discretion as to whether to allow a breach of an absolute bar?

A

When the breach isn’t definitely an improvement to the property.

161
Q

What is SDLT charged on in terms of leases?

A

VAT-inclusive premiums AND rent.

162
Q

When are easements of 20 years of unauthorised use NOT created?

A

When the right was used by force (like jumping over fence).

163
Q

Which tenancies does the 1954 act not apply to?

A

Tenancies at will.

Fixed tenancies lasting six months or less.

164
Q

Do reversionary leases always need to be registered?

A

Yes.

165
Q
A

Law (10 decks)

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