QLTS WRONG ANSWERS FLK 2 Flashcards
Where an easement is granted by a landowner to his neighbour is vague about whether it allows cars or pedestrians, how is this issue solved?
The right is interpreted in favour of the grantee. Williams v James says that a grantor cannot derogate from their grant. The grant should be interpreted in a manner that does not undermine its essential purpose, ensuring the grant’s utility is maximised in favour of the grantee
Under the Common Law, when is a mortgagee entitled to take possession of mortgaged property and is this the case even if the mortgage agreement does not explicitly grant the right to take possession?
From the date the mortgage is executed
Yes
For unregistered land, how many years of continuous use is required for the creation of an equitable easement?
Which register is the grade of title reflected in a registered title?
Proprietorship Register
If a lease is executed by deed, can a landlord claim rent arrears from 11 years ago?
No, because the limitation period for rental arrears is always 6 months
Where an express easement is created but is silent as to who must construct and maintain a path, for example, who is responsible for constructing that path?
Neither party has an obligation to construct the path, but he owner of the dominant tenament has a right to enter the land and construct the path, without any obligation to maintain it. If the dominant tenament owner constructs the path, they must do so in a reasonable manner
On what register of title would a debtor who obtains judgment against someone who has an equitable interest in property be registered?
The proprietorship register as a restriction
What is the youth-court’s maximum sentencing powers?
14 years
D is due to appear in the Mag Court in Wales and wants his hearing conducted in English. When will this be dealt with?
The court will ask D for their language preference at the plea and case management stage and D must respond
What is the initial detention period?
How long can it be extended for?
24 Hours
12 Hours by a Superintendent
How many people are part of an identification parade?
Nine
What is the basis used for sentencing?
Cuplability + harm caused or intended
To To:
1. Maximum Detention periods in Crim Proc
2. What is an appeal by way of case stated
3. Youth offences
4. Trusts - intermediate income
5. Formality of a lifetime gift
6. Manslaughter
7. Oblique intention
8. Contracting out of a lease
9. Enforcement times for breach of planning permission
When must the prosecution serve initial details of a charged case to D’s lawyer?
As soon as reasonably practicable and in any event by the first hearing
Another name for the “given postulant test” and when is it used?
“Is or is not” test and is used to determine if someone is entitled to benefit under a discretionary trust
What powers may a trustee NOT delegate?
- Distribute/dispose trust assets
- Allocate fees/other payments
- Further delegate duties
Should you inform the SRA if you are the subject of a criminal caution?
Yes
What is the self-defence test?
- Honest belief of the necessity of the use of force
- Degree of force reasonable in the circumstances
Do you have a defence against a charge of theft if you use clothing that your friend said belongs to her flatmate and that her flatmate would consent?
Yes - if you honestly believe the owner would consent in the circumstances
If a tenant who is guaranteed under an AGA and a guarantor has stopped paying rent, what is the procedure to collect the arrears from the guarantors?
Serve a notice within 6 months of the arrears becoming due This protects third parties from unexpectedly becoming liable for huge accumulations of arrears
