I85PREP
⌘ K
GSL Conveyancing & Drafting study materials
GSL Conveyancing & Drafting study resources

GSL Conveyancing & Drafting practice questions

One question at a time. Build your GSL Conveyancing & Drafting understanding.

First 50 of 200 questions. Each one lists the choices, the correct answer, and an explanation. The checker at the top of this page saves progress in this browser when it is available.

Continue in the practice tool above to load more questions, 50 at a time.

Question 1Land Law Foundations and Estates in Land

Under the Law of Property Act 1925, which estate in land is capable of existing as a legal estate in England and Wales?

  1. A fee simple subject to a condition precedent
  2. A term of years determinable on notice
  3. An estate in fee simple absolute in possession Correct answer.
  4. An estate for life

Explanation

Section 1(1) of the Law of Property Act 1925 reduces the legal estates to two: the fee simple absolute in possession and the term of years absolute. Interests such as life estates and conditional fees take effect only in equity. The statutory formula requires the fee simple to be both absolute and in possession to qualify as legal.

Question 2Land Law Foundations and Estates in Land

Which of the following is one of the five legal interests listed in section 1(2) of the Law of Property Act 1925?

  1. An estate contract
  2. A rentcharge in possession Correct answer.
  3. A restrictive covenant
  4. A beneficial interest under a trust

Explanation

Section 1(2) lists the interests capable of subsisting as legal interests, including a rentcharge in possession issuing out of or charged on land. Restrictive covenants, estate contracts and beneficial interests are equitable only. The list is exhaustive and includes easements, charges by way of legal mortgage and rights of entry.

Question 3Land Law Foundations and Estates in Land

A client holds registered title to a freehold estate. Which statutory provision governs the creation and transfer of that legal estate today?

  1. Section 52 of the Law of Property Act 1925
  2. Section 23 of the Land Registration Act 2002 Correct answer.
  3. Section 1 of the Law of Property Act 1925
  4. Section 2 of the Law of Property (Miscellaneous Provisions) Act 1989

Explanation

Section 23 of the Land Registration Act 2002 sets out the owner's powers to make a disposition of registered land, including transferring the estate or granting a lease. Section 52 LPA 1925 governs conveyances of unregistered land. Section 2 of the 1989 Act concerns the formalities for contracts rather than the disposition itself.

Question 4Land Law Foundations and Estates in Land

A deed is executed by an individual. Under the Law of Property (Miscellaneous Provisions) Act 1989, which requirement makes the instrument a valid deed?

  1. It is signed by the maker, attested and delivered as a deed
  2. It is signed in the presence of two witnesses and states it is a deed
  3. It is signed by the maker and expressed to be a deed, with delivery Correct answer.
  4. It is signed, sealed and delivered by the maker

Explanation

Section 1(3) of the 1989 Act requires an instrument to be signed by the maker, to make clear on its face that it is intended to be a deed, and to be delivered as a deed. Witnessing is required for signature on behalf of a company or where the individual cannot sign, not for every individual deed. The old requirement of sealing was abolished.

Question 5Land Law Foundations and Estates in Land

Land is conveyed to 'Amara for life, remainder to her firstborn child in fee simple'. What is the nature of Amara's interest?

  1. A legal fee simple subject to a shifting limitation
  2. An equitable life interest held behind a trust Correct answer.
  3. A legal life estate protected by registration
  4. A determinable fee simple vested in possession

Explanation

Since 1926 a life estate cannot exist as a legal estate. Section 1(1) LPA 1925 confines legal estates to the fee simple absolute in possession and the term of years absolute, so Amara holds an equitable life interest behind a trust. The fee simple is held by trustees and the remainder to the firstborn takes effect in equity.

Question 6Land Law Foundations and Estates in Land

Which statement correctly distinguishes a lease from a licence?

  1. A licence always requires a deed, whereas a lease may be created orally
  2. A lease is always equitable, whereas a licence is always legal
  3. A lease confers exclusive possession for a term, whereas a licence merely makes occupation lawful Correct answer.
  4. A licence grants an interest in land, whereas a lease does not

Explanation

The defining feature of a lease is the grant of exclusive possession for a fixed or periodic term, usually at a rent. A licence merely gives permission to occupy and creates no proprietary interest. Labels used by the parties are not decisive; the substance of the arrangement governs.

Question 7Land Law Foundations and Estates in Land

A purchaser buys registered freehold land and completes by transfer. When does the purchaser's legal estate vest?

  1. On delivery of the transfer deed to the seller
  2. On exchange of contracts
  3. On registration of the transfer at HM Land Registry Correct answer.
  4. On completion of the transfer

Explanation

For registered land, section 27 of the Land Registration Act 2002 makes completion by registration the event that transfers the legal estate. Until registration the purchaser holds only an equitable interest protected by a notice or by the contract. Completion of the deed alone does not move the legal title.

Question 8Land Law Foundations and Estates in Land

What is the effect of section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 on a contract for the sale of land?

  1. It requires the contract to be made by deed
  2. It requires the contract to be witnessed by two persons
  3. It requires the contract to be registered before it binds the parties
  4. It requires all the terms to be incorporated in one document or exchanged documents Correct answer.

Explanation

Section 2 provides that a contract for the sale or other disposition of an interest in land can only be made in writing and only by incorporating all the terms agreed in one document or, where documents are exchanged, in each. Signature by or on behalf of each party is required. A contract that fails these requirements is void.

Question 9Land Law Foundations and Estates in Land

A testator devises 'all my freehold land in Whitby to my sister absolutely'. What type of gift has been made?

  1. A specific devise Correct answer.
  2. A general devise
  3. A demonstrative legacy
  4. A residuary devise

Explanation

A specific devise is a gift of a particular identified freehold property, here the freehold land in Whitby. A general devise describes property by a general description without identifying the particular asset. A residuary devise covers whatever remains after specific gifts are satisfied.

Question 10Land Law Foundations and Estates in Land

A restrictive covenant is entered into over unregistered freehold land in 2010. Against whom can the burden of the covenant be enforced at law?

  1. No one, because the burden never runs at law Correct answer.
  2. The original covenantee and successors in title to benefited land
  3. The original covenantor only
  4. Any subsequent owner of the burdened land

Explanation

At common law the burden of a covenant does not run with land, so a successor in title cannot be sued on it at law. Equity permits the burden to run in Tulk v Moxhay where the covenant is restrictive, touches and concerns the land, and notice is given. The question asks about enforcement at law, so the burden never passes.

Question 11Land Law Foundations and Estates in Land

Which of the following best describes the doctrine of tenure as it applies to land in England and Wales today?

  1. All land is held of the Crown, and only the Crown has absolute ownership Correct answer.
  2. Tenure has been abolished entirely by the Land Registration Act 2002
  3. Tenure survives only for land held by the Church of England
  4. Freeholders own the land absolutely, while leaseholders hold of the freeholder

Explanation

The doctrine of tenure means that all land is ultimately held of the Crown; no subject can own land allodially. Practically, the Crown's interest is nominal and freeholders hold a fee simple estate. The doctrine explains why land ownership is described as an estate in land rather than ownership of the land itself.

Question 12Land Law Foundations and Estates in Land

A term of years is granted for 99 years at a premium with no rent. Is the term capable of being a legal estate?

  1. No, because terms over 21 years must be equitable
  2. Yes, because a term of years absolute may be granted for a premium without rent Correct answer.
  3. No, because a legal term requires rent to be reserved
  4. Yes, but only if the term is registered as a charge

Explanation

Section 205(1)(xxvii) of the Law of Property Act 1925 defines a term of years absolute as one for a fixed period, whether or not rent is reserved. A premium-funded lease with no rent can therefore be a legal estate. Rent is relevant to the short-lease exception in section 54(2), not to the existence of a legal term.

Question 13Land Law Foundations and Estates in Land

Under the Land Registration Act 2002, which of the following is a registrable disposition requiring completion by registration?

  1. An assignment of an equitable interest under a trust
  2. A licence to occupy for a fixed term
  3. A grant of a lease for six months at a market rent
  4. A transfer of a registered freehold estate Correct answer.

Explanation

Section 27(2)(a) of the Land Registration Act 2002 lists the transfer of a registered estate as a registrable disposition that must be completed by registration to take effect at law. Short leases of three years or less are excluded, as are licences and equitable interests. The disposition takes effect in equity on delivery and at law on registration.

Question 14Land Law Foundations and Estates in Land

A man conveys his house 'to my brother Ben in fee simple, subject to a proviso that if the house ceases to be used as a private residence it shall revert to me and my heirs'. What interest has the conveyor retained?

  1. A shifting fee simple limited to take effect on a condition
  2. A fee simple subject to a condition subsequent
  3. A possibility of reverter arising on a determinable fee Correct answer.
  4. A right of re-entry for breach of covenant

Explanation

A determinable fee ends automatically when the stated event occurs, and the grantor retains a possibility of reverter. The words 'ceases to be used' indicate automatic determination rather than a right to re-enter. A condition subsequent requires a right of re-entry for the fee to be cut short.

Question 15Land Law Foundations and Estates in Land

What is the effect of section 1(3) of the Law of Property Act 1925 on equitable interests?

  1. They are convertible into legal interests on registration
  2. They are void unless protected by a caution against first registration
  3. They take effect behind a trust and are not legal estates or interests Correct answer.
  4. They are enforceable only against the original grantor

Explanation

Section 1(3) provides that all estates, interests and charges in or over land that are not legal under subsections (1) and (2) take effect as equitable interests. Such interests are held behind a trust and are protected by notice, restriction or overreaching. They remain fully enforceable against the trustee and, subject to protection, against purchasers.

Question 16Land Law Foundations and Estates in Land

A purchaser acquires registered land subject to an unregistered lease granted for five years at a market rent. Which statement is correct?

  1. The lease is converted into an equitable interest on sale
  2. The lease binds the purchaser because it is a legal lease and the purchaser takes subject to it Correct answer.
  3. The lease is void against the purchaser because it was not registered
  4. The lease binds only if the tenant has occupied for two years

Explanation

A legal lease for a term of three years or less is excluded from the registrable dispositions, but a lease exceeding three years must be registered to bind a purchaser for value. Because this lease is five years and unregistered, it does not bind the purchaser as a registered disposition. However, a lease not exceeding seven years is an overriding interest under Schedule 3 paragraph 1 of the 2002 Act, so it binds on that basis.

Question 17Land Law Foundations and Estates in Land

Which of the following correctly states the formalities for a valid will disposing of land?

  1. It must be signed by two witnesses and delivered to the executor
  2. It may be made orally if witnessed by one person
  3. It must be executed as a deed and registered at HM Land Registry
  4. It must be in writing and signed by the testator in the presence of two witnesses Correct answer.

Explanation

Section 9 of the Wills Act 1837 requires a will to be in writing, signed by the testator or by someone in the testator's presence and at the testator's direction, and the signature must be made or acknowledged in the presence of two witnesses present at the same time. The witnesses must then attest and sign. A will is not a deed and is not registered during the testator's lifetime.

Question 18Land Law Foundations and Estates in Land

Land is held by trustees on trust for A for life, remainder to B in fee simple. The trustees sell the freehold to a purchaser for value. What is the effect on A and B's interests?

  1. The interests continue to bind the land until B reaches majority
  2. The interests bind the purchaser because they are registered as notices
  3. The interests are extinguished and the beneficiaries must claim against the trustees personally
  4. The interests are overreached and attach to the proceeds of sale Correct answer.

Explanation

Overreaching under sections 2 and 27 of the Law of Property Act 1925 occurs where a purchaser for value takes a conveyance from trustees of land acting together. The beneficial interests are detached from the land and transferred to the sale proceeds. This is why capital money must be paid to at least two trustees or a trust corporation.

Question 19Land Law Foundations and Estates in Land

Which best explains the difference between a joint tenancy and a tenancy in common in relation to the beneficial ownership of land?

  1. Joint tenants hold distinct shares, while tenants in common hold the whole undivided
  2. Joint tenants must be married or in a civil partnership
  3. A tenancy in common can exist only in unregistered land
  4. Joint tenants have the right of survivorship, while tenants in common hold distinct shares that pass under their wills Correct answer.

Explanation

Joint tenants are treated as owning the whole together with no distinct shares, and the right of survivorship applies on death. Tenants in common hold defined shares that form part of their estates and pass under their wills or intestacy. The four unities are required for a joint tenancy but not for a tenancy in common.

Question 20Land Law Foundations and Estates in Land

A freehold estate is granted 'to Priya in fee simple until the land is used for commercial purposes'. What type of estate has Priya received?

  1. A fee simple absolute in possession
  2. A determinable fee simple Correct answer.
  3. A life estate pur autre vie
  4. A fee simple subject to a condition subsequent

Explanation

Words such as 'until' or 'so long as' create a determinable fee, which ends automatically when the specified event occurs. The grantor retains a possibility of reverter. A condition subsequent, by contrast, requires the grantor to re-enter before the estate is cut short.

Question 21Registered and Unregistered Title; Investigation of Title

Under the Land Registration Act 2002, which class of title is granted where the registrar is satisfied that the applicant has a good title but there remains a minor defect that cannot yet be resolved?

  1. Absolute freehold title
  2. Possessory title
  3. Qualified title Correct answer.
  4. Good leasehold title

Explanation

Qualified title is granted where the registrar is satisfied the applicant has a good title but the title is subject to a specific defect or reservation stated in the register, such as an unresolved third-party claim. Once the defect is cured the proprietor may apply for upgrading to absolute. Possessory and good leasehold are separate classes with their own distinct criteria.

Question 22Registered and Unregistered Title; Investigation of Title

A purchaser's solicitor is investigating an unregistered title and finds that the root of title is a conveyance dated 22 years ago. Which statement best describes the position under the standard contract and the Limitation Act 1980?

  1. A 15-year root suffices for unregistered land, and the purchaser cannot object to the age of the root Correct answer.
  2. A 30-year root is always required for unregistered land
  3. A 15-year root is required, so the title is defective and the purchaser may rescind
  4. The root must date back at least 40 years to be marketable

Explanation

For unregistered land the accepted minimum good root of title is 15 years, and a conveyance 22 years old comfortably satisfies that standard. A purchaser who contracts on the standard conditions of sale cannot later object that the root is too recent where it meets the 15-year threshold. Longer periods such as 30 or 40 years are not required.

Question 23Registered and Unregistered Title; Investigation of Title

Which of the following is the correct statutory period of limitation for an action to recover unregistered land from a trespasser?

  1. Twelve years from the date the right of action accrued Correct answer.
  2. Thirty years from the date the right of action accrued
  3. Twenty years from the date of dispossession
  4. Six years from the date of dispossession

Explanation

Section 15 of the Limitation Act 1980 provides that no action may be brought to recover land after the expiration of twelve years from the date on which the right of action accrued. This period applies to ordinary cases of adverse possession of unregistered land. Shorter and longer periods apply in special cases, but twelve years is the general rule.

Question 24Registered and Unregistered Title; Investigation of Title

On first registration of a freehold title, what is the effect of registration on the estate owner's title?

  1. The title is merely noted and the owner must still rely on title deeds
  2. The registered proprietor holds the estate subject to all prior unregistered interests regardless of notice
  3. The estate vests in the registrar until the proprietor applies for absolute title
  4. The registered proprietor holds the legal estate free from all prior estates except those entered on the register or overriding Correct answer.

Explanation

Registration confers the legal estate on the proprietor free from prior estates, rights and interests except those protected on the register or overriding interests under Schedule 3 to the Land Registration Act 2002. This is the core benefit of registration: title is taken from the register rather than from the deed bundle. Unregistered interests that are neither protected nor overriding are lost against the registered proprietor.

Question 25Registered and Unregistered Title; Investigation of Title

Which of the following interests is most likely to be an overriding interest binding a registered proprietor even though it does not appear on the register?

  1. A registered charge created by the previous proprietor
  2. A restrictive covenant protected by a notice
  3. A short legal lease of seven years granted for value Correct answer.
  4. An estate contract protected by a notice

Explanation

Schedule 3 to the Land Registration Act 2002 lists interests that override registration, including a leasehold estate granted for a term not exceeding seven years. Such a lease binds a purchaser of the registered title even though it is not entered on the register. The other options are all interests that require or already have register protection.

Question 26Registered and Unregistered Title; Investigation of Title

A buyer is purchasing registered leasehold land. Which document must the buyer obtain to check the terms on which the lease was originally granted?

  1. The seller's title deeds
  2. The planning register extract
  3. The landlord's rent account
  4. The official copy of the registered lease Correct answer.

Explanation

For registered leasehold title the lease itself is filed and an official copy can be obtained from the Land Registry. The official copy contains the full terms, including the covenant to pay rent and any restrictions on use. Title deeds and rent accounts are not substitutes for the registered lease.

Question 27Registered and Unregistered Title; Investigation of Title

Which register entry gives notice to the world of an interest that is not itself a registrable disposition but which affects the registered estate?

  1. An inhibition
  2. A notice Correct answer.
  3. A caution against first registration
  4. A restriction

Explanation

A notice is entered in the register to protect an interest that affects a registered estate, such as an estate contract or a restrictive covenant. A restriction, by contrast, controls how the proprietor may deal with the title rather than protecting an interest in it. Cautions against first registration apply only to unregistered land.

Question 28Registered and Unregistered Title; Investigation of Title

A purchaser's solicitor discovers that the land is affected by a restrictive covenant contained in a conveyance from 1950 that was never registered as a land charge. The land is unregistered. What is the position against a purchaser for value?

  1. The covenant is void against the purchaser for value without notice because it was not registered as a D(ii) land charge Correct answer.
  2. The covenant binds only if the purchaser had actual notice of it
  3. The covenant binds the purchaser because it is a proprietary interest
  4. The covenant is automatically extinguished after twenty years

Explanation

Under the Land Charges Act 1972 a restrictive covenant affecting unregistered land must be registered as a Class D(ii) land charge to bind a purchaser for value. If it is not registered, it is void against such a purchaser even if the purchaser actually knew of it. This is a classic trap in unregistered title investigation.

Question 29Registered and Unregistered Title; Investigation of Title

In investigating an unregistered title, a solicitor finds a chain in which one conveyance is a photocopy and the original is said to be lost. What is the most appropriate step?

  1. Reject the title outright and advise the buyer to rescind
  2. Register the photocopy as a land charge
  3. Ask the seller to provide a statutory declaration or evidence explaining the loss and confirm the copy's accuracy Correct answer.
  4. Accept the photocopy without further enquiry because the chain is otherwise complete

Explanation

Where an original deed is missing, the seller should provide a statutory declaration or other satisfactory evidence accounting for the loss and verifying the copy. This allows the purchaser's solicitor to assess whether the title remains good and insurable. Simply accepting a photocopy or rejecting the title outright are both disproportionate responses.

Question 30Registered and Unregistered Title; Investigation of Title

Which of the following correctly states the effect of section 29 of the Land Registration Act 2002 on a registered disposition for value?

  1. The disposition takes effect subject only to protected and overriding interests Correct answer.
  2. The disposition is void unless every prior interest is discharged
  3. The disposition takes effect subject to all prior interests whether protected or not
  4. The disposition transfers only equitable title until completion is registered

Explanation

Section 29 provides that a registered disposition for value takes effect subject only to interests entered in the register, overriding interests and certain other limited categories. Prior unprotected interests are thereby defeated. This is the registered-land analogue of the bona fide purchaser rule.

Question 31Registered and Unregistered Title; Investigation of Title

A buyer of registered land is told by the seller that a neighbour has a right of way across the property. The right does not appear on the register. In which circumstances is the right most likely to bind the buyer?

  1. Only if the buyer had actual knowledge of the right before completion
  2. Only if the right was granted by deed within the last five years
  3. Never, because unregistered easements cannot bind a registered proprietor
  4. If the right is an easement that is overriding under Schedule 3 because it was exercised openly and was not within the buyer's actual knowledge Correct answer.

Explanation

Schedule 3 paragraph 3 protects certain easements and profits that are not registered, provided they are not within the actual knowledge of the purchaser and have been exercised openly. The buyer's actual knowledge is therefore decisive in excluding the overriding status. The other options misstate the statutory test.

Question 32Registered and Unregistered Title; Investigation of Title

When investigating title to unregistered land, which search should the purchaser's solicitor carry out to reveal land charges registered against the estate owner's name?

  1. A local land charges search
  2. A Companies House search
  3. A bankruptcy search only
  4. A Land Charges Act search against the name of each estate owner in the chain Correct answer.

Explanation

A Land Charges Act search is made against the names of the estate owners revealed by the epitome of title to disclose entries in the land charges register. A local land charges search covers public-law matters such as planning and highways, not private land charges. Companies House and bankruptcy searches serve different purposes.

Question 33Registered and Unregistered Title; Investigation of Title

A lease of a flat for a term of 999 years is granted. Which class of title will the Land Registry normally grant to the leaseholder?

  1. Good leasehold title in all cases
  2. Absolute leasehold title if the landlord's title is investigated and good Correct answer.
  3. Possessory leasehold title
  4. Qualified leasehold title

Explanation

Absolute leasehold title is granted where the registrar is satisfied both with the leasehold estate and with the landlord's reversionary title. Good leasehold is granted where the reversionary title is not investigated or not satisfactory. Possessory and qualified classes apply to different defects.

Question 34Registered and Unregistered Title; Investigation of Title

What is the principal purpose of the epitome of title in an unregistered conveyancing transaction?

  1. To list the documents that together establish the chain of title from the root Correct answer.
  2. To summarise the planning history of the land
  3. To identify the current occupiers of the property
  4. To record the price paid on each sale

Explanation

The epitome is a schedule of the title documents, usually with copies attached, that demonstrates an unbroken chain from a good root of title to the present seller. It enables the purchaser's solicitor to investigate the title efficiently. Prices, planning history and occupiers are dealt with by other enquiries and searches.

Question 35Registered and Unregistered Title; Investigation of Title

A purchaser discovers that the seller of unregistered land acquired title by adverse possession but has no documentary root of title. What is the likely outcome on first registration?

  1. No title can be registered
  2. Possessory title will be granted, which may later be upgraded to absolute Correct answer.
  3. Qualified title will be granted permanently
  4. Absolute title will be granted because possession is nine-tenths of the law

Explanation

Where the applicant's title rests on possession without documentary evidence, the registrar grants possessory title. After a period of unchallenged registration the proprietor may apply to upgrade to absolute title. This reflects the weaker evidential basis of a possession-based claim.

Question 36Registered and Unregistered Title; Investigation of Title

Which of the following best describes the effect of a caution against first registration?

  1. It transfers the legal estate to the cautioner
  2. It prevents the first registration of the land unless the cautioner's interest is addressed Correct answer.
  3. It protects an interest in registered land by entry on the register
  4. It operates as a land charge against the estate owner's name

Explanation

A caution against first registration entitles the cautioner to notice of an application for first registration so that the claimed interest can be considered before registration. It does not itself confer or transfer any estate. It is distinct from a notice or restriction on an already registered title.

Question 37Registered and Unregistered Title; Investigation of Title

A solicitor acting for a lender is investigating title to unregistered land. Which of the following would most seriously undermine the marketability of the title?

  1. A conveyance in the chain executed by two trustees with a receipt endorsed
  2. A deed poll changing the seller's name
  3. An old mortgage that was discharged by a endorsed receipt
  4. A gap in the chain where a conveyance from a deceased owner to the next seller is missing Correct answer.

Explanation

A missing conveyance breaks the chain of title and prevents the purchaser from establishing an unbroken link from the root. This is a fundamental defect that must be cured by evidence or a statutory declaration. The other matters are routine and do not break the chain.

Question 38Registered and Unregistered Title; Investigation of Title

Which statement correctly distinguishes a notice from a restriction in the register?

  1. A notice protects an interest in the estate, whereas a restriction regulates how the proprietor may deal with the title Correct answer.
  2. A notice can only be entered by the registrar, whereas a restriction can only be entered by the proprietor
  3. Both are identical in effect
  4. A restriction protects an interest in the estate, whereas a notice regulates dealings

Explanation

A notice is entered to protect a proprietary interest affecting the registered estate, giving notice to anyone dealing with the title. A restriction instead controls the circumstances in which a disposition may be registered, for example requiring consent or evidence of payment. They serve different functions even though both appear in the charges register or proprietorship register respectively.

Question 39Registered and Unregistered Title; Investigation of Title

A buyer of registered land discovers that the property is subject to a registered restriction requiring the consent of a named person before any disposition is registered. What is the consequence of completing without that consent?

  1. The transfer is valid in equity but the registrar will not register it until the restriction is complied with Correct answer.
  2. The transfer is void from the outset
  3. The restriction is automatically cancelled on completion
  4. The buyer obtains title free of the restriction because consideration was paid

Explanation

A restriction does not invalidate the disposition; it prevents registration until the specified conditions are met. The transfer may create equitable rights, but the legal title will not pass until registration. The restriction remains on the register until it is complied with or removed.

Question 40Registered and Unregistered Title; Investigation of Title

In 2010, a squatter occupied unregistered land and remained there without permission. In 2024 the paper owner brought proceedings to recover possession. Which statement best reflects the position under the Limitation Act 1980?

  1. The squatter must pay compensation to the paper owner
  2. The squatter's rights are extinguished until the land is registered
  3. The paper owner's claim is barred because twelve years have elapsed since the right of action accrued Correct answer.
  4. The paper owner succeeds because adverse possession must be registered to take effect

Explanation

For unregistered land, once twelve years of adverse possession have run the paper owner's right of action is barred and the squatter's title matures. The proceedings brought after fourteen years are therefore out of time. Registration is not a precondition for the limitation effect in unregistered land.

Question 41Registered and Unregistered Title; Investigation of Title

A purchaser's solicitor is reviewing a registered title. The proprietorship register shows the seller as registered proprietor with a restriction in favour of a former spouse. The charges register shows a registered charge in favour of a bank. Which statement best describes how these entries affect the purchase?

  1. The charge binds only if the buyer had notice of it
  2. The restriction requires compliance before registration, and the charge must be discharged or the bank's consent obtained Correct answer.
  3. The restriction is void because it was entered after the sale was agreed
  4. Both entries are automatically cancelled on exchange of contracts

Explanation

The restriction governs whether the transfer can be registered, so it must be complied with. The registered charge is a protected interest that survives the disposition unless discharged, so the bank must be repaid or consent to the transfer. Both entries must therefore be dealt with before completion.

Question 42Registered and Unregistered Title; Investigation of Title

Which of the following best explains why a purchaser of unregistered land takes subject to a registered land charge even without notice of it?

  1. Registration of the land charge constitutes notice to the world, so notice in fact is irrelevant Correct answer.
  2. Land charges bind only if the purchaser actually reads the register
  3. Land charges are equitable interests that always require notice
  4. Land charges expire on the death of the estate owner

Explanation

The land charges system is one of registration, not notice. Once a charge is correctly registered against the estate owner's name, it binds a purchaser regardless of whether the purchaser knew of it, because registration is deemed to give notice to all. This is why name searches are essential in unregistered conveyancing.

Question 43Registered and Unregistered Title; Investigation of Title

A solicitor is investigating title to a property that was formerly registered but has been removed from the register following a successful application. What is the most significant consequence for a subsequent purchaser?

  1. The land remains governed by the 2002 Act as if still registered
  2. The purchaser can rely on the former register entry indefinitely
  3. The land becomes incapable of being sold
  4. The title must be investigated from the unregistered deeds and a new root established Correct answer.

Explanation

Once land is removed from the register it reverts to unregistered status, so a purchaser must investigate the documentary title and establish a good root in the ordinary way. Former register entries do not continue to govern the land. The land remains perfectly saleable, but on unregistered principles.

Question 44Registered and Unregistered Title; Investigation of Title

Which of the following is a characteristic of a good root of title for unregistered land?

  1. A planning permission relating to the land
  2. A document that deals with the whole legal and equitable interest in the land and describes it adequately Correct answer.
  3. A mortgage deed that has not been discharged
  4. Any receipt for rent signed by the owner

Explanation

A good root of title must dispose of the whole legal and equitable estate, contain a sufficient description of the property and be at least fifteen years old. It must also cast no doubt on the title. Rent receipts, planning permissions and undischarged mortgages do not satisfy these criteria.

Question 45Contract Formation, Terms and Standard Conditions of Sale

Under the standard conditions of sale used in England and Wales, when does completion normally take place if the contract is formed by exchange of contracts without a fixed completion date?

  1. On the fifth working day after exchange of contracts
  2. On the twentieth working day after exchange of contracts Correct answer.
  3. On the fifteenth working day after exchange of contracts
  4. On the tenth working day after exchange of contracts

Explanation

The standard conditions provide a default completion period of twenty working days after exchange where the parties have not agreed a specific date. The period is counted in working days, so weekends and bank holidays are excluded. Parties frequently vary this by agreement.

Question 46Contract Formation, Terms and Standard Conditions of Sale

A buyer's solicitor receives the draft contract and supporting title documents from the seller's solicitor. Under the standard conditions, what is the buyer normally entitled to do before exchange of contracts?

  1. Raise requisitions on title and make enquiries before contract Correct answer.
  2. Inspect the property only after exchange of contracts
  3. Complete the purchase without any pre-contract enquiries
  4. Rely solely on the seller's replies without further enquiry

Explanation

The pre-contract stage allows the buyer to investigate title, raise requisitions and make searches and enquiries before becoming contractually bound. This protects the buyer because after exchange the doctrine of caveat emptor applies to matters the buyer could have discovered. The seller must answer requisitions honestly and within a reasonable time.

Question 47Contract Formation, Terms and Standard Conditions of Sale

In a contract for the sale of registered land, which document must the seller provide to the buyer to prove title under the standard conditions?

  1. The original land certificate
  2. A statutory declaration of title
  3. An abstract of title going back fifteen years
  4. An official copy of the registered title from HM Land Registry Correct answer.

Explanation

For registered land, title is proved by an official copy of the register obtained from HM Land Registry, together with the filed plan and any documents referred to in the register. The old land certificate system has been abolished. Unregistered land, by contrast, requires an epitome or abstract of title.

Question 48Contract Formation, Terms and Standard Conditions of Sale

Which of the following best describes the effect of the standard conditions regarding the risk of damage to the property between exchange and completion?

  1. Risk passes to the buyer only on legal completion
  2. Risk remains with the seller until completion in all circumstances
  3. Risk is shared equally between the parties until completion
  4. Risk passes to the buyer on exchange of contracts Correct answer.

Explanation

Under the standard conditions risk passes to the buyer on exchange of contracts, so the buyer bears the risk of physical damage before completion. The buyer is advised to insure from exchange. The seller remains under an obligation to transfer the property in substantially the same state.

Question 49Contract Formation, Terms and Standard Conditions of Sale

What is the usual consequence under the standard conditions if the buyer fails to complete on the contractual completion date?

  1. The contract is automatically rescinded without further notice
  2. The seller may serve a notice to complete and claim compensation Correct answer.
  3. The buyer forfeits the deposit but the contract continues without remedy
  4. The seller must return the deposit and sue for damages only

Explanation

If the buyer fails to complete on the completion date, the seller may serve a notice to complete, and if the buyer still fails to comply the seller may rescind and forfeit the deposit and claim damages. The seller may also claim compensation for the delay. The contract is not automatically rescinded.

Question 50Contract Formation, Terms and Standard Conditions of Sale

In the context of a conveyancing contract, which term describes the seller's promise that the property is sold free from incumbrances other than those disclosed?

  1. A covenant for further assurance
  2. An indemnity covenant
  3. An estoppel certificate
  4. A title guarantee Correct answer.

Explanation

A title guarantee is the seller's promise about the state of the title, commonly given as full title guarantee under the Law of Property (Miscellaneous Provisions) Act 1994. It covers matters such as freedom from incumbrances and the seller's right to convey. It differs from an indemnity covenant, which concerns future breaches.