Land Law

• Topic 01

  Introduction to Land Law

  42 questions
• Topic 02

  Acquisition and Transfer of Estates and Interests

  42 questions
• Topic 03

  Co-Ownership

  34 questions
• Topic 04

  Registration of Title and Protection of Interests

  54 questions
• Topic 05

  Unregistered Land

  45 questions
• Topic 06

  Proprietary Rights in Land

  42 questions
• Topic 07

  Mortgages

  45 questions
• Topic 08

  Landlord and Tenant Law

  40 questions

A few questions from this unit, with the answer and a full explanation. The complete bank is available when you start practising.

1. What is the consequence of failing to apply for first registration within the statutory time limit after a triggering event?

   • A
     The legal estate reverts to the transferor, and the transferee holds an equitable interest only
     Correct answer
   • B
     A fine is imposed by HM Land Registry but the transfer remains valid
   • C
     The transfer is void and the land cannot be sold again
   • D
     The transferee automatically receives possessory title
   Explanation

   Under section 7 LRA 2002, if an application for first registration is not made within the two-month time limit, the legal estate reverts to the transferor. The transferee retains only an equitable interest until registration is completed.

2. A and B are joint tenants in equity. A mortgages their share to a bank without B's knowledge. What effect does this have on the co-ownership?

   • A
     The mortgage only takes effect if B is given notice of it
   • B
     The mortgage is void because a joint tenant has no separate share to mortgage
   • C
     The mortgage has no effect on the joint tenancy because A cannot deal with a joint tenancy share without B's consent
   • D
     A's mortgage of their share severs the joint tenancy; A becomes a tenant in common of an equal share, which is now subject to the bank's charge
     Correct answer
   Explanation

   Under Williams v Hensman, acting on one's own share severs the joint tenancy. Mortgaging one's share is a dealing with the share that is inconsistent with the continuation of the joint tenancy. A's unilateral mortgage to the bank therefore severs the joint tenancy — A becomes a tenant in common of an equal share (50% if there were two joint tenants). A's share is now subject to the bank's charge. B retains their 50% share and the right of survivorship no longer applies. B's consent is not required for the severance.

3. A client owns the freehold of a large country estate. The estate includes the main house, surrounding farmland, and mineral deposits beneath the surface. In advising the client on the nature of their holding, which statement best describes the classification of a freehold estate?

   • A
     It is real property because the holder can recover the specific land itself through a real action
     Correct answer
   • B
     It is personal property because all landholdings are classified as personalty after the 1925 reforms
   • C
     It is real property only if it includes buildings, but bare land is classified as personalty
   • D
     It is personal property unless registered at the Land Registry under the LRA 2002
   Explanation

   A freehold estate is classified as real property (realty) because historically the holder could bring a 'real action' to recover the specific land itself (in rem). This contrasts with personal property, where the remedy was typically damages. The classification as realty applies to all freehold estates regardless of whether they include buildings, and it is not dependent on registration status.