Guaranteed Pass Solutions 2025-2026
Updated.
What is the difference between a personal and proprietary right in land? - Answer a
proprietary right can be enforced by an action in rem, meaning that use or possession of the
land can be recovered and the holder of the right does not have to settle for damages if they are
deprived of their right
a personal right can only be enforced by a personal action for damages if the right is breached
What is an estate? - Answer a proprietary right of possession in land
What is a freehold estate? - Answer a right of possession which lasts until the owner for the
time being dies without heirs
What is a leasehold? - Answer a right of possession which lasts for a certain duration
What is freehold reversion? - Answer The residue of the estate after the granting of a lease
This means when the lease ends the right to physical possession of the land automatically
reverts to the landlord
What is leasehold reversion? - Answer If the grantor holds a leasehold estate, the residue
after the granting of a sub-lease
What is an interest in land? - Answer a proprietary right of limited use
an interest in land does not give a right to possess the land in the way on estate does, rather it
gives the interest holder the right to do something on the land or restrict what can be done on
the land
What are the 3 types of legal interests in land? - Answer 1. mortgages
2. easements granted for a term equivalent to a freehold or leasehold estate
3. rights of entry
,What are the 4 types of equitable interests? - Answer 1. freehold covenants
2. estate contracts
3. interests in a trust of land
4. easements granted for an uncertain term
What is a mortgage? - Answer a loan of cash which is secured by rights granted over
property
What is an easement? - Answer a proprietary right to use land which belongs to somebody
else
the use if more limited than an exclusive right to occupy or use
A right of entry is either.... (2 things) - Answer 1. a right for the landlord to re-enter leased
premises and end the leasehold estate in the event of tenant default or some other specified
event occurring; or
2. a rentcharge owner's right to hold the land if money owed is not paid
What is a restrictive covenant? - Answer A type of contractual arrangement that places
restrictions on what the owner of the land can do with their property (i.e. architectural
guidelines, parking restrictions, fence height, single family only, etc.)
A restrictive covenant is not a recognised legal interest in land; rather it is an equitable interest
What is an estate contract? - Answer a contractual right to a legal estate, whether freehold
or leasehold
What is an interest in a trust of land? - Answer where one person (the trustee) holds
property for the benefit of another (the beneficiary)
the trustee holds legal title whereas the beneficiary has equitable title to the land
, What are the 3 stages of a sale of a freehold? - Answer 1. exchange of contracts
2. completion of the transfer deed
3. registration
At what point do parties become legally committed to buy/sell the land in question? - Answer
upon exchanging contracts
What are the 3 formalities requirements for a land contract? - Answer 1. the contract must
be in writing
2. it must contain all the expressly agreed terms
3. it must be signed by both parties
What are the 3 formalities requirements for a deed to be valid? - Answer 1. it must be clear
on the face of the document that it is intended to be a deed
2. it must be validly executed
3. it must be delivered
What is required to validly execute a deed (for individuals and companies)? - Answer for
individuals it must be signed in the presence of a witness
for companies it must be signed either by:
1. two directors in the presence of a witness
2. one director and the company secretary in the presence of a witness
3. affixing the common seal of the company
What is required for valid delivery of a deed? - Answer acknowledgment that a person
entering into a deed intends to be formally bound by its provisions