Question 1

Sarah is buying a property, 14 Ocean Drive, together with her partner, Cornelia. They have borrowed money from Bellator Bank Plc secured by a mortgage. Sarah has also borrowed some money from her mother, Drucilla to purchase the property. The seller, Edmund enters into a transfer deed with Sarah and Cornelia with completion today. Edmund's ownership of the property is of a registered freehold under Land Registry title number GL2342342.

Which best describes how the Land Registry will deal with the transfer?

a. The Land Registry will transfer the title number on the purchase. Sarah, Drucilla and Cornelia will be listed as the registered proprietors in the Proprietorship Register. Bellator's interest will be protected by a restriction in the Proprietorship Register.

b. The Land Registry will issue a new Title number on the purchase. Sarah and Cornelia will be listed as the registered proprietors in the Proprietorship Register. The interests of Bellator Bank and Drucilla will be protected by notices in the Charges Register.

c. The Land Registry will transfer the title number on the purchase to Sarah and Cornelia who will be registered as the registered proprietors in the Proprietorship Register. Bellator's interest will be protected by a notice in the Charges Register. Drucilla may enter a restriction to protect her interest in the Proprietorship Register.

d. The Land Registry will transfer the title number on the purchase to Sarah and Cornelia who will be registered as the registered proprietors in the Proprietorship Register. Bellator's interest will be protected by a notice in the Charges Register, while Drucilla will be listed in the Property Register as having an Overriding Interest.

Question 2

Sarah is buying a property, 14 Ocean Drive, together with her partner, Cornelia. They have borrowed money from Bellator Bank Plc secured by a mortgage. Sarah has also borrowed some money from her mother, Drucilla to purchase the property. The seller, Edmund enters into a transfer deed with Sarah and Cornelia with completion today. Edmund's ownership of the property is of a registered freehold under Land Registry title number GL2342342.

Which of the following statements best describes how the legal and equitable title in the Property is held following the purchase?

a. As the property is freehold not leasehold, there can be no unity of time. Therefore, the legal title can only be held as tenants in common. If all of Sarah, Drucilla and Cornelia are occupying the property, there will be unity of possession and so the equitable title will be held as joint tenants. If Drucilla is not occupying, there will be a tenancy in common.

b. The legal title is held in the capacity of joint tenants. Equity prefers that the equitable title is held in the same capacity as the legal title so in this case as joint tenants.

c. The legal title is held in the capacity of joint tenants. There is a presumption that equity follows the law but that presumption will be ousted if there is express provision to the contrary or evidence that could rebut the presumption. Therefore the presumption is as joint tenants unless that presumption can be ousted or rebutted.

d.Section 1(6) of the LPA 1925 states that the equitable title must be held in the capacity of tenants in common. If the four unities are present, the legal title can be held as joint tenants unless there is an express statement in the transfer to the contrary.

Question 3

Sarah has purchased a property, 14 Ocean Drive, together with her partner, Cornelia. They have borrowed money from Bellator Bank Plc secured by a mortgage. Sarah has also borrowed some money from her mother, Drucilla to purchase the property. Drucilla does not live in the property, nor is she listed as one of the co-owners. The equitable title is held as joint tenants.

Sarah has made a Will leaving all her property to her son Luke who is aged 14. Cornelia has made a Will leaving all her property to the World Dog Rescue Charity. Drucilla has argued with Sarah and now wants to leave her share in the property to her new husband, Alexander.

Which is the best advice to give to Drucilla?

a. She needs to sever the equitable joint tenancy. She can only do this by making a Will expressly stating that she is leaving her share to someone. She has done this so this is effective and she doesn't need to do anything more.

b. She needs to sever the equitable joint tenancy. As she is not speaking to Sarah, she can agree with Cornelia that the equitable joint tenancy is converted into a tenancy in common by entering into a contract with Cornelia. This is called mutual agreement.

c. She needs to sever the equitable joint tenancy. The easiest way to do this is by serving a written notice on Cornelia and Sarah. The notice must state an unequivocal and irrevocable intention to sever immediately.

d. She needs to register a notice on the Proprietorship Register stating that the equitable title is held as a tenancy in common. She would need to apply to the Land Registry using form TR1 within one month of her deciding she wants to sever the joint tenancy.

Question 4

Sarah has purchased a property, 14 Ocean Drive, together with her partner, Cornelia. They have borrowed money from Bellator Bank Plc secured by a mortgage. Sarah has also borrowed some money from her mother, Drucilla to purchase the property. Drucilla does not live in the property, nor is she listed as one of the co-owners. The equitable title is held as joint tenants.

Sarah has made a Will leaving all her property to her son Luke who is aged 14. Cornelia has made a Will leaving all her property to the World Dog Rescue Charity. Drucilla has argued with Sarah and now wants to leave her share in the property to her new husband, Alexander.

Sarah and Cornelia are killed in an accident in the Alps. When the paramedics arrive they find both Sarah and Cornelia dead. They cannot tell who died first.

Which of the following statements is most accurate?

a. As this is a beneficial joint tenancy, Drucilla will own the whole equitable title in the property

b. As this is a beneficial joint tenancy, Alexander will own the whole of the property

c. Although Sarah is younger than Cornelia, Luke will inherit a third share, the World Dog Rescue Charity will inherit a third, and Alexander will own a third.

d. As Sarah is younger than Cornelia, Luke will inherit everything

Question 5

Oliver sends an email to William saying that William can occupy the top floor flat at 78 Churchill Avenue for a period of 3 and a half years at a monthly rent of 600. William replies by sending an email saying that he agrees, puts his electronic signature on the email and moves in to the flat.

Which of the following statements is incorrect?

a. William has an equitable lease and so should register this as a notice on the Charges Register so as to bind any potential purchaser under s32 LRA 2002

b. As this lease is for longer than 3 years, it cannot be made orally.

c. William will have an overriding interest under sch 3 para 2 of the LRA 2002 as he is in actual occupation of the top floor flat and has some physical presence in the flat with a degree of permanence and continuity

d. William has a lease for shorter than 7 years so this is an overriding interest under sch 3 para 1 of the LRA 2002 and so will bind any potential purchaser

Question 6

Oleg owns a field to the north side of his house. It is separated from his land by a small stream and can be accessed from the house via a footbridge. Oleg wishes to make the following arrangements with regards to the field:

i. A lease of 10 years of the field to Paulina ("the lease")

ii. A right of way over the field for his neighbour Nicholas ("the right of way")

iii. A covenant not to build on the field in favour of his neighbour, Marek ("the covenant")

Which of these must be made by Deed to be effective at Law under the LPA 1925?

a. The right of way and the covenant

b. The lease and the right of way

c. All of them

d. The lease and the covenant

Question 7

Oleg owns a field to the north side of his house. It is separated from his land by a small stream and can be accessed from the house via a footbridge. Oleg decides to sell the field to Tetiana.

Which is the correct answer as to where the boundary between the field and the house will be?

a. The midway point of the stream

b. The midway point of the soil under the water in the stream

c. The midway point on the bridge

d. On the far side of the stream from the house

Question 8

Oleg owns a field to the north side of his house. It is separated from his land by a small stream and can be accessed from the house via a footbridge. Oleg decides to sell the field to Tetiana.

Tetiana makes a search of the Land Registry and discovers that the field is not registered. Tetiana wishes to know that Oleg is the actual owner of the field before buying.

Which of the following is incorrect advice to give to Tetiana?

a. Tetiana can ask Oleg to voluntarily register his ownership of the field at the Land Registry under s3 LRA 2002

b. Oleg can register his ownership of the field at the Land Charges Registry under s3 LCA 1972

c. Oleg can prove ownership of the field by producing to Tetiana deeds showing the ownership of the field going back at least 15 years under s23 LPA 1925

d.Tetiana can require Oleg to show a good root of title to the field

Question 9

Oleg owned a field to the north side of his house. It is separated from his land by a small stream and can be accessed from the house via a footbridge. Oleg decides to sell the field to Tetiana.

Tetiana made a search of the Land Registry and discovered that the field is not registered. Tetiana has now purchased the land which she discovered was owned by Oleg as a freehold estate.

Which is the most correct statement as to what Tetiana needs to do following the purchase in the circumstances?

a. Tetiana must apply to the Land Registry to register her title as this is an event which will trigger registration, but there is no time limit for this. She will need to pay a fee.

b. Tetiana must apply to the Land Registry to register her title as this is an event which will trigger registration. Tetiana has two months from the date of purchase to apply for registration, failing which Oleg will hold the freehold estate on a bare trust

c. Tetiana must apply to the Land Registry to register her title as this is an event which will trigger registration

d. Tetiana must apply to the Land Registry to register her title within one month of the date of purchase, failing which the Land Registry will transfer the field back to Oleg by getting the parties to enter into a new deed

Question 10

Oleg owned a field to the north side of his house. It is separated from his land by a small stream and can be accessed from the house via a footbridge. Oleg decides to sell the field to Tetiana.

Tetiana made a search of the Land Registry and discovered that the field is not registered. Tetiana has now purchased the land which she discovered was owned by Oleg as a freehold estate. Oleg had proved his ownership to the freehold estate satisfactorily.

Which category of title is the Land Registry most likely to grant in the circumstances?

a. Good Title

b. Absolute Title

c. Qualified Title

d. Possessory Title