SQE 1 – (LAND LAW) EXPECTED
EXAM QUESTIONS AND CORRECT
ANSWERS
What are chattels?
Something that can be easily removed from the land.
Does not form part of the sale.
What are fixtures?
treated as though they are part of the land to which they
are attached.
Form part of the sale.
Describe the test for a chattel?
1 - the degree and method of annexation
2 - the object and purpose of annexation.
Is a gas fire connected purely so it can function as a
fire a chattel or a fixture
Chattel
Are these items chattels or fixtures:
1 - Carpets
2 - Picture made specially for the living room decor
3 - Washing Machine
,4 - Greenhouse that will fall to bits if moved
5 - Caravan
6 - Single statue resting by its own weight
1 - Chattel
2 - Fixture - if contribute to the design of the place
3 - Chattel
4 - Fixture
5 - Chattel
6 - Chattel unless forms part of the design
Are these items chattels or fixtures:
Which two estates in land are capable of being legal?
Freehold - Estate in fee simple absolute in possession
s1(1)(a) LPA 1925
Leasehold - Term of years absolute s1(1)(b) LPA 1925
What are the formalities for creating a Freehold
interest in land
Must be created by deed
A deed is a document which satisfies the criteria under
s1(2)LP(MP)A 1989
Makes clear it intends to be a deed
,is validly executed as a deed and signed in the presence
of a witness and delivered as a deed
Name the two types of leases capable of being legal
Fixed term lease
Periodic lease
Name the 5 interests in land capable of being legal.
Leasehold
Freehold
Easement
Rentcharge
Mortgage
Name the 5 interests in land which are capable of
being equitable
Equitable easement
Equitable lease
Restrictive covenant
Estate contract
Trusts
How is an express trust over land created?
In writing under s53(1)(b) LPA
How does a resulting trust occur?
, When a person who is not the legal owner contributes
directly to the purchase price of the property.
How does a constructive trust occur?
When a person who is not the legal owner of the property
makes a contribution other than a direct financial
contribution at the time of the purchase,
When does a statutory right under s30 FLA 1996
occur?
When the parties are legally married or civil partners
The home is, has been or is intended to be the
matrimonial home.
Note this is not a right to legal title just the ability to live in
the property.
Which type of lease needs no formalities for creation?
A parol lease - can be created orally.
Must be for three years or less.
Take effect in possession.
The tenant pays the best rent.
The landlord must not charge a premium / fine.
A lease for a term of 5 years was created using a
signed contract - is this a legal or equitable lease.
A deed must be used for the lease to be legal.
The lease will be equitable so long as there is
EXAM QUESTIONS AND CORRECT
ANSWERS
What are chattels?
Something that can be easily removed from the land.
Does not form part of the sale.
What are fixtures?
treated as though they are part of the land to which they
are attached.
Form part of the sale.
Describe the test for a chattel?
1 - the degree and method of annexation
2 - the object and purpose of annexation.
Is a gas fire connected purely so it can function as a
fire a chattel or a fixture
Chattel
Are these items chattels or fixtures:
1 - Carpets
2 - Picture made specially for the living room decor
3 - Washing Machine
,4 - Greenhouse that will fall to bits if moved
5 - Caravan
6 - Single statue resting by its own weight
1 - Chattel
2 - Fixture - if contribute to the design of the place
3 - Chattel
4 - Fixture
5 - Chattel
6 - Chattel unless forms part of the design
Are these items chattels or fixtures:
Which two estates in land are capable of being legal?
Freehold - Estate in fee simple absolute in possession
s1(1)(a) LPA 1925
Leasehold - Term of years absolute s1(1)(b) LPA 1925
What are the formalities for creating a Freehold
interest in land
Must be created by deed
A deed is a document which satisfies the criteria under
s1(2)LP(MP)A 1989
Makes clear it intends to be a deed
,is validly executed as a deed and signed in the presence
of a witness and delivered as a deed
Name the two types of leases capable of being legal
Fixed term lease
Periodic lease
Name the 5 interests in land capable of being legal.
Leasehold
Freehold
Easement
Rentcharge
Mortgage
Name the 5 interests in land which are capable of
being equitable
Equitable easement
Equitable lease
Restrictive covenant
Estate contract
Trusts
How is an express trust over land created?
In writing under s53(1)(b) LPA
How does a resulting trust occur?
, When a person who is not the legal owner contributes
directly to the purchase price of the property.
How does a constructive trust occur?
When a person who is not the legal owner of the property
makes a contribution other than a direct financial
contribution at the time of the purchase,
When does a statutory right under s30 FLA 1996
occur?
When the parties are legally married or civil partners
The home is, has been or is intended to be the
matrimonial home.
Note this is not a right to legal title just the ability to live in
the property.
Which type of lease needs no formalities for creation?
A parol lease - can be created orally.
Must be for three years or less.
Take effect in possession.
The tenant pays the best rent.
The landlord must not charge a premium / fine.
A lease for a term of 5 years was created using a
signed contract - is this a legal or equitable lease.
A deed must be used for the lease to be legal.
The lease will be equitable so long as there is
