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Make it keyword-heavy but natural reading. Write from the perspective of making a genuinely difficult subject accessible. Today's date is 2026-03-29."},"uuid":"c45bbd00-dd4b-44e4-91cf-65eed4995bc3","timestamp":"2026-03-29T08:25:53.278Z","userType":"external","entrypoint":"cli","cwd":"/Users/goludev/work/js/websites/sqe1-web","sessionId":"55849167-6582-4bef-ad7a-8bc19b7c0473","version":"2.1.87","gitBranch":"main","slug":"binary-seeking-raccoon"} {"parentUuid":"c45bbd00-dd4b-44e4-91cf-65eed4995bc3","isSidechain":true,"agentId":"a123faf5ce23c59d6","message":{"id":"msg_2026032916255439520b2aca1c4858","type":"message","role":"assistant","model":"glm-5.1","content":[{"type":"text","text":"# SQE1 Land Law Made Simple: The Complete Revision Guide with Key Topics, Rules, and Practice Questions for 2026
If you are preparing for the SQE1, you already know that Land Law has a reputation — and it is not a good one. Year after year, candidates rank it among the most challenging subjects on the entire syllabus. Dense statutory provisions, layered case law, and the strange vocabulary of easements, covenants, and overreaching make it feel like you are learning a foreign language alongside a legal system.
But here is the truth: Land Law on the SQE1 is eminently beatable. It is not about memorising every case from Williams & Glyn's Bank v Boland to Birmingham Midshires Mortgage Services Ltd v Sabherwal. It is about understanding the core principles, recognising the patterns the examiners test, and knowing how to apply the rules to practical, scenario-based multiple-choice questions.
This guide breaks down every SQE1 land law topic you need to know, highlights the key rules that come up most frequently, gives you practice questions with full worked explanations, and sets out a study strategy that will actually stick. Whether you are starting from scratch or revising in the final weeks, this is your comprehensive SQE1 land law revision guide for 2026.
Why Land Law Is One of the Hardest SQE1 Subjects
Land Law is difficult for three main reasons:
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Conceptual complexity. Concepts like overreaching, overriding interests, and the distinction between legal and equitable interests are inherently abstract. You cannot see a restrictive covenant running with the land — you have to reason your way through it.
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Statutory overload. The Land Registration Act 2002 (LRA 2002), the Law of Property Act 1925 (LPA 1925), the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996), and the Landlord and Tenant Act 1954 all feed into the syllabus. Navigating between them takes practice.
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Interconnected topics. A single SQE1 question might test registered land, easements, and co-ownership simultaneously. You cannot revise topics in isolation and expect to perform well.
We explore this in more detail in our breakdown of the SQE1 hardest subjects ranked, but the key takeaway is this: Land Law rewards structured, systematic revision far more than last-minute cramming.
How Land Law Is Tested in the SQE1
Land Law appears in the Functioning Legal Knowledge 2 (FLK2) paper. It is not tested as a standalone section. Instead, Land Law questions are mixed in with Property Practice, Wills and the Administration of Estates, Trusts, and other FLK2 subjects throughout the exam.
The format is single best answer multiple-choice questions (SBAs). Each question presents a factual scenario, followed by five options. You must select the best answer. There are no essays, no problem questions in the traditional sense, and no marks for reasoning — just one correct answer per question.
This format has important implications for your revision:
- You need precision, not breadth. The exam tests whether you can identify the correct rule and apply it, not whether you can recite the full legislative history of the LRA 2002.
- Scenario recognition is critical. Most questions follow predictable patterns. Once you have seen enough of them, you will start to spot the triggers — facts that signal which legal issue is being tested.
- Time pressure is real. You have roughly 1 minute 45 seconds per question. You need to be fast enough to analyse the scenario, recall the relevant rule, and eliminate wrong answers.
Use our practice questions to build speed and accuracy under timed conditions, and try a full mock exam to test your readiness.
Complete List of SQE1 Land Law Topics
The SRA syllabus identifies the following Land Law topics for FLK2. Here is an overview of each one, with the key rules and principles you must know.
| Topic | Key Legislation | What Examiners Test Most |
|---|---|---|
| Registered Land | LRA 2002 | The register, entries on the register, the mirror principle and its exceptions |
| Unregistered Land | LPA 1925, Land Charges Act 1925 (LCA 1925) | Title deeds, land charges, the doctrine of notice |
| Easements | LPA 1925, common law & equity | Creation, acquisition, and extinguishment of easements |
| Covenants | LPA 1925, common law & equity | Running of the benefit and burden of restrictive covenants |
| Mortgages | LPA 1925, Law of Property (Miscellaneous Provisions) Act 1989 | Creation, rights of the mortgagee, protection of the mortgagor |
| Leases | LPA 1925, Landlord and Tenant Act 1954 | Essential elements, types of lease, termination, and renewal |
| Co-Ownership | TOLATA 1996, LPA 1925 | Joint tenancy vs tenancy in common, severance, rights of occupation |
| Adverse Possession | LRA 2002 (Schedule 6), Limitation Act 1980 | Requirements for a claim, the registered land procedure |
| Overriding Interests | LRA 2002, Schedule 1 & 3 | Which interests bind a purchaser despite not being registered |
| Overreaching | LPA 1925, ss.2 & 27 | How equitable interests under a trust are transferred on purchase |
Let us work through each topic in detail.
Key Rules and Principles by Topic
Registered Land
The modern system of land registration is governed by the Land Registration Act 2002. The core idea is simple: the register should reflect the true state of the title (the "mirror principle"). But there are significant exceptions.
Key rules to know:
- The register comprises three parts: the property register, the proprietorship register, and the charges register.
- A registered estate is either freehold (absolute, possessory, or qualified) or leasehold (absolute, good leasehold, or qualified).
- Actual occupation matters enormously. A person in actual occupation of the land may have an overriding interest that binds a purchaser even if it does not appear on the register (LRA 2002, Schedule 3, para 2).
- The register is conclusive evidence of title, but it can be altered or rectified in certain circumstances (LRA 2002, Schedules 4 and 8).
SQE1 tip: Questions on registered land often combine with overriding interests or co-ownership. Look for the fact pattern where a spouse or partner is living in the property but is not on the register.
Unregistered Land
Although most land in England and Wales is now registered, unregistered land still exists, and the SRA expects you to understand the system that applies to it.
Key rules to know:
- Title is proved by title deeds (a root of title going back at least 15 years under the LPA 1925, s.44).
- Equitable interests are protected by registering them as land charges under the Land Charges Act 1925.
- The doctrine of notice applies: a purchaser of a legal estate for value without notice of an equitable interest takes free of it (LPA 1925, s.199, and the rule in Pilcher v Rawlins).
- The classes of land charges include Class C(iv) (estate contracts), Class D(ii) (restrictive covenants), and Class F (spousal rights of occupation).
SQE1 tip: The exam is unlikely to test unregistered land in great depth, but you should know the basics — especially how land charges work and what happens if a charge is not registered (it is void against a purchaser).
Easements
An easement is a right over one piece of land (the servient land) for the benefit of another (the dominant land). Classic examples include rights of way, rights of light, and rights to run water pipes.
Key rules to know:
- The characteristics of an easement are set out in Re Ellenborough Park (1955): there must be a dominant and servient tenement, the right must accommodate the dominant tenement, the dominant and servient owners must be different persons, and the right must be capable of forming the subject matter of a grant.
- Easements can be created by express grant or reservation, implied grant (Wheeldon v Burrows, rule in Wheeldon v Burrows — quasi-easements), necessity, or prescription (long use under the Prescription Act 1832 or common law).
- Legal easements must be created by deed (LPA 1925, s.52) and, for registered land, completed by registration.
- Equitable easements arise where the requirements for a legal easement are not met but there is a valid contract (specifically enforceable) or a proprietary estoppel.
SQE1 tip: Questions often test the Re Ellenborough Park criteria or the distinction between legal and equitable easements. Make sure you can quickly determine whether a right qualifies as an easement at all.
Covenants
Covenants are promises made in a deed relating to the use of land. Restrictive covenants (negative promises, such as not to build above two storeys) are far more commonly tested than positive covenants (which generally do not run at common law).
Key rules to know:
- For the benefit of a restrictive covenant to run: the covenant must "touch and concern" the land, the claimant must hold the land that was intended to benefit, and the benefit must be annexed to the land, assigned, or operate under a building scheme.
- For the burden of a restrictive covenant to run at equity: the requirements of Tulk v Moxhay (1848) must be satisfied — the covenant must be negative, it must touch and concern the land, the original parties must have intended it to run, and the purchaser must have notice.
- Positive covenants do not generally run with the land at common law or in equity, but the burden can sometimes be enforced through chains of indemnity, successor provisions in the same deed, or under the rule in Halsall v Brizell.
SQE1 tip: The classic question presents a developer who sells plots of land with restrictive covenants in the original conveyance, then asks whether the covenant binds a subsequent purchaser. Work through the Tulk v Moxhay requirements systematically.
Mortgages
A mortgage is a security interest in land. The mortgagor (borrower) grants the mortgagee (lender) a legal or equitable interest in the property as security for a loan.
Key rules to know:
- A legal mortgage of registered land is created by a registered charge (LPA 1925, s.52; LRA 2002).
- The mortgagee's powers on repossession include taking possession, selling the property, and appointing a receiver — but these are subject to the duty to act in good faith and to obtain a proper price.
- The mortgagor has an equitable right to redeem the mortgage. Any "clog or fetter" on the right to redeem is void (the rule in Noakes & Co Ltd v Rice).
- The court has wide discretion under the Administration of Justice Act 1970, s.36 to suspend or postpone possession proceedings if the mortgagor can pay off arrears within a reasonable period.
SQE1 tip: Exam questions frequently test the mortgagee's duty on sale (the duty to take reasonable care to obtain the true market value) and the mortgagor's right to redeem.
Leases
A lease (or term of years absolute) grants exclusive possession of land for a term certain at a rent. Leases are a core topic and frequently overlap with Property Practice.
Key rules to know:
- The essential elements of a lease are: exclusive possession, a term certain, and rent (though rent is not strictly essential — see Street v Mountford).
- A lease of more than 3 years must be created by deed (LPA 1925, s.52). A lease of 3 years or less can be created orally or in writing (LPA 1925, s.54(2)).
- Legal leases bind the whole world. Equitable leases arise where there is an agreement for a lease that is specifically enforceable but has not been completed by deed or registration.
- Assignment, subletting, and the difference between a lease and a licence are all tested regularly.
SQE1 tip: The distinction between a lease and a licence is a favourite topic. Know Street v Mountford — substance over form — and the exceptions (serviced accommodation, sham arrangements, sharing arrangements as in Marcroft Wagons Ltd v Smith).
Co-Ownership
When two or more people own land together, they hold it either as joint tenants or tenants in common. This topic overlaps with Trusts.
Key rules to know:
- Joint tenants hold the property as a single legal owner in trust. The key feature is the right of survivorship — when one joint tenant dies, their share passes automatically to the surviving joint tenants.
- Tenants in common hold distinct, undivided shares. There is no right of survivorship.
- The four unities (possession, interest, title, and time) must be present for a joint tenancy. If any unity is missing, the co-owners hold as tenants in common.
- Severance converts a joint tenancy into a tenancy in common. The most common method is a written notice under LPA 1925, s.36(2) served on the other co-owners.
- On a sale of co-owned land, overreaching under LPA 1925, ss.2 and 27 applies if there are at least two trustees or a trust corporation. The equitable interests are transferred to the purchase money, and the purchaser takes free of them.
SQE1 tip: Severance questions are very common. Look for facts involving divorce, relationship breakdown, or a written notice of severance. Also, know that the LRA 2002 requires a restriction on the register to prevent a sole proprietor from selling without a second trustee (to protect overreaching).
Adverse Possession
Adverse possession is the process by which a person who is not the legal owner acquires title to land by occupying it for a specified period without the owner's consent.
Key rules to know:
- For registered land, the procedure under LRA 2002, Schedule 6 applies. After 10 years of adverse possession, the squatter can apply to be registered as proprietor. The registered proprietor is notified and can object. If they do, the squatter can only succeed in limited circumstances (e.g., it would be unconscionable to dispossess them, or they are entitled to register under a boundary agreement).
- For unregistered land, the Limitation Act 1980 applies. After 12 years of adverse possession, the true owner's title is extinguished.
- The requirements for adverse possession are: factual possession (a sufficient degree of physical control) and intention to possess (an intention to exclude the world at large, including the true owner) — Powell v McFarlane; JA Pye (Oxford) Ltd v Graham.
SQE1 tip: Know the difference between the registered land procedure and the unregistered land rules. Questions on registered land adverse possession often test what happens after the proprietor objects to the squatter's application.
Overriding Interests
Overriding interests bind a purchaser of registered land even though they do not appear on the register. They are the most important exception to the mirror principle.
Key rules to know:
- Overriding interests are listed in Schedule 3 of the LRA 2002 (for registrable dispositions).
- The most commonly tested overriding interest is paragraph 2: an interest belonging to a person in actual occupation of the land, provided the interest is not undiscoverable on a reasonably careful inspection of the land.
- Other overriding interests include legal easements and profits a prendre (Schedule 3, para 3), and certain rights under the Rent Acts.
- The scope of actual occupation has been considered in cases such as Chhokar v Chhokar (a person in hospital could still be in actual occupation) and Hodgson v Marks (an elderly lady who granted a 70-year lease but remained in actual occupation).
SQE1 tip: Always check for actual occupation in a registered land question. If someone is living in the property and has an equitable interest (e.g., a beneficial interest under a trust), they may have an overriding interest that binds the purchaser.
Overreaching
Overreaching is the mechanism by which equitable interests under a trust of land are detached from the land itself and transferred to the proceeds of sale.
Key rules to know:
- Overreaching applies under LPA 1925, ss.2 and 27 when a conveyance is made to at least two trustees or a trust corporation.
- The purchaser pays the purchase money to the trustees, and the beneficiaries' equitable interests are "overreached" — they attach to the purchase money instead of the land.
- The purchaser takes the land free of the equitable interests.
- If there is only one trustee, overreaching cannot occur, and the purchaser may be bound by the equitable interests (unless they are overriding interests).
SQE1 tip: Overreaching questions often combine with co-ownership and registered land. The exam will test whether the conditions for overreaching are met (two trustees, capital money paid to them) and what happens if they are not.
How SQE1 Land Law Differs from Undergraduate Land Law
If you studied Land Law at university, you will need to adjust your approach for the SQE1.
| Aspect | Undergraduate Land Law | SQE1 Land Law |
|---|---|---|
| Assessment format | Essays and problem questions | Single best answer MCQs |
| Focus | Theoretical depth, academic critique | Practical application, procedural rules |
| Case law | Detailed knowledge of key cases required | Broad awareness sufficient; focus on the rule, not the case name |
| Statutes | Close reading and interpretation | Knowledge of key sections and how they apply |
| Overlap with other subjects | Limited | Land Law questions often overlap with Property Practice, Trusts, and Wills |
The SQE1 does not ask you to critique the law or discuss reform proposals. It asks you to identify the correct legal position in a practical scenario and select the right answer. This is good news: it means your revision can be more targeted and more efficient.
Use our study notes to focus on the rules and principles that the exam actually tests, rather than the theoretical background.
Common Traps and Mistakes in Land Law MCQs
After helping thousands of candidates prepare for the SQE1, we see the same mistakes come up again and again. Here are the most common traps and how to avoid them.
1. Confusing Legal and Equitable Interests
Many candidates fail to distinguish between legal and equitable interests, particularly with easements and leases. A legal easement requires a deed; an equitable easement does not. A legal lease of more than 3 years requires a deed; an equitable lease arises from an agreement for a lease. The distinction matters because legal interests bind the whole world, while equitable interests are subject to the doctrine of notice (in unregistered land) or registration requirements (in registered land).
2. Forgetting to Check for Actual Occupation
In any registered land question, you must always check whether someone is in actual occupation. If they are, and they have an equitable interest, they may have an overriding interest under Schedule 3, paragraph 2 of the LRA 2002. Missing this will lead you to the wrong answer.
3. Applying the Wrong Adverse Possession Regime
Remember: registered land follows LRA 2002, Schedule 6 (10 years, application to register, proprietor can object). Unregistered land follows the Limitation Act 1980 (12 years, title extinguished). Mixing these up is a guaranteed way to lose marks.
4. Assuming Overreaching Always Applies
Overreaching only works if there are at least two trustees (or a trust corporation) and the capital money is paid to them. If a sole trustee sells the property, overreaching does not apply, and any equitable interests may bind the purchaser (or may be overriding interests). Always check the number of trustees.
5. Mixing Up Covenants Running at Law and at Equity
The rules for the benefit and burden of restrictive covenants running at common law and at equity are different. Do not conflate them. Know the Tulk v Moxhay requirements for the burden running at equity, and the common law rules for the benefit running under Smith and Snipes Hall Farm Ltd v River Douglas Catchment Board.
6. Ignoring the Distinction Between a Lease and a Licence
The exam loves to test Street v Mountford. The substance of the arrangement determines whether it is a lease (exclusive possession, term certain) or a licence (personal permission). A document labelled "licence" may in fact be a lease. Read the facts carefully.
Recommended Study Order for Land Law Topics
Not all topics are equal in terms of exam weight and difficulty. We recommend studying them in the following order, building foundations before tackling the more complex areas.
| Study Order | Topic | Reason |
|---|---|---|
| 1 | Registered Land | Foundational — you need this for almost every other topic |
| 2 | Unregistered Land | Shorter topic; helps you understand the contrast with registered land |
| 3 | Co-Ownership | Builds on registered land; introduces trusts and overreaching |
| 4 | Overreaching | Naturally follows co-ownership |
| 5 | Overriding Interests | Directly connected to registered land |
| 6 | Easements | Self-contained but important; Re Ellenborough Park is heavily tested |
| 7 | Covenants | More complex; requires a systematic approach to benefit and burden |
| 8 | Mortgages | Practical focus; overlaps with Property Practice |
| 9 | Leases | Broad topic; overlaps heavily with Property Practice |
| 10 | Adverse Possession | Often tested but self-contained; can be revised last |
This order ensures that you build the conceptual foundations (registered land, co-ownership) before tackling the topics that depend on them (overreaching, overriding interests). It also groups related topics together, which makes the material easier to retain.
Our flashcards are organised in this order, so you can work through them systematically and use spaced repetition to reinforce your learning.
Practice Questions with Worked Explanations
The best way to prepare for SQE1 Land Law is to practise applying the rules to realistic scenarios. Here are ten practice-style questions, each followed by a detailed explanation of the correct answer.
Question 1: Overriding Interests
Scenario: Alice is the registered proprietor of 12 Elm Close. She sells the property to Bob. At the time of the sale, Carol, Alice's sister, is living in the property. Carol has a 50% beneficial interest under a resulting trust. Carol's interest is not noted on the register. Bob was unaware of Carol's interest.
Question: Does Carol's interest bind Bob?
A. No, because Carol's interest is not entered on the register. B. No, because Bob had no notice of Carol's interest. C. Yes, because Carol is in actual occupation and has a proprietary interest. D. Yes, because Carol's interest is a land charge. E. No, because Carol is not the registered proprietor.
Correct answer: C. Carol has an equitable interest under a resulting trust and is in actual occupation of the property. Under LRA 2002, Schedule 3, paragraph 2, her interest is an overriding interest that binds Bob despite not being registered. The doctrine of notice does not apply to registered land — overriding interests are an exception to the mirror principle.
Question 2: Severance of Joint Tenancy
Scenario: David and Emma own a property as joint tenants. David sends Emma a written notice stating "I hereby sever our joint tenancy." Emma receives the notice but does not respond.
Question: Has the joint tenancy been severed?
A. No, because Emma did not agree to the severance. B. No, because severance requires a court order. C. Yes, under LPA 1925, s.36(2), a written notice of severance is effective upon receipt. D. Yes, but only if David also registers the severance at the Land Registry. E. No, because the notice was not served by a solicitor.
Correct answer: C. Under LPA 1925, s.36(2), a joint tenant can sever a joint tenancy by serving a written notice on the other joint tenants. The consent of the other joint tenants is not required. The severance takes effect upon receipt of the notice.
Question 3: Easements — Re Ellenborough Park
Scenario: Frank grants his neighbour, Grace, "the right to use the garden at 5 Oak Lane for the purpose of holding outdoor parties." Grace owns the neighbouring property, 7 Oak Lane.
Question: Does this right qualify as an easement?
A. Yes, because it accommodates the dominant tenement. B. No, because the right is too wide and recreational. C. No, because there is no dominant tenement. D. Yes, because it is granted by deed. E. No, because it is a personal right, not a proprietary right.
Correct answer: B. Applying Re Ellenborough Park, the right must accommodate the dominant tenement. A right to hold outdoor parties is essentially recreational and does not enhance the value or utility of 7 Oak Lane as a piece of land. It is likely to be characterised as a mere personal licence rather than an easement.
Question 4: Overreaching
Scenario: Helen and Ian are trustees of a property held on trust for themselves and Jane as tenants in common in equal shares. They sell the property to Kumar for £300,000. Kumar pays the purchase money to Helen and Ian jointly.
Question: What is the effect of the sale on Jane's equitable interest?
A. Jane's interest binds Kumar because she did not consent to the sale. B. Jane's interest is overreached and attaches to the £300,000 purchase money. C. Jane's interest is extinguished. D. Kumar must also pay Jane directly for her share. E. Jane can apply for an injunction to prevent the sale.
Correct answer: B. Overreaching under LPA 1925, ss.2 and 27 applies because there are two trustees and the capital money has been paid to them. Jane's equitable interest is detached from the land and attaches to the purchase money. Kumar takes the property free of Jane's interest.
Question 5: Adverse Possession — Registered Land
Scenario: Leo has been in adverse possession of a registered piece of land for 12 years. He applies to be registered as proprietor. The current registered proprietor, Maya, objects to the application.
Question: Under the LRA 2002, Schedule 6, which of the following is most accurate?
A. Leo is automatically entitled to be registered because he has been in possession for over 10 years. B. Leo's application will be rejected because Maya has objected. C. Leo may still be registered if he can establish one of the conditions in paragraph 5 of Schedule 6. D. Leo must wait a further 2 years before reapplying. E. Leo's application will succeed because Maya has not commenced possession proceedings.
Correct answer: C. Under Schedule 6, paragraph 5, even where the registered proprietor objects, the applicant can still succeed if they can establish one of three conditions: (a) it would be unconscionable for the proprietor to seek to dispossess the applicant; (b) the applicant is entitled to register as proprietor by virtue of a boundary agreement; or (c) the applicant is entitled to register by virtue of an estoppel. A mere objection does not automatically defeat the application.
Question 6: Restrictive Covenants
Scenario: A developer, Northfield Estates, sells plots of land on a housing estate. Each conveyance contains a covenant by the purchaser not to erect any building other than a private dwelling house. One of the purchasers, Omar, later sells his plot to Priya, who builds a commercial workshop. An original purchaser, Quentin, wants to enforce the covenant against Priya.
Question: Can Quentin enforce the covenant against Priya?
A. No, because Quentin is not the original covenantee. B. Yes, if the benefit has passed to Quentin and the burden binds Priya under the rule in Tulk v Moxhay. C. No, because the covenant is positive in nature. D. Yes, because the covenant was contained in a deed. E. No, because the covenant was not registered as a land charge.
Correct answer: B. The covenant is restrictive (negative) in nature — it restricts the use of the land to a private dwelling house. For Quentin to enforce it, the benefit must have passed to him (by annexation to his land, assignment, or under a building scheme), and the burden must bind Priya under Tulk v Moxhay (the covenant is negative, touches and concerns the land, there was an intention for it to run, and Priya has notice). The fact that it arose in a building scheme context makes this even stronger.
Question 7: Leases vs Licences
Scenario: Rachel enters into an agreement with Sam for the use of a room in Sam's house. The agreement is labelled "Licence Agreement" and states that Rachel is a licensee. Rachel has exclusive use of the room, pays a monthly sum, and the agreement is for a fixed term of 2 years. Sam retains a key and enters the room weekly to clean.
Question: Is Rachel a tenant or a licensee?
A. Rachel is a licensee because the agreement is labelled as a licence. B. Rachel is a licensee because Sam retains a key and cleans the room. C. Rachel is a tenant because she has exclusive possession for a term certain at a rent, and the label is irrelevant — Street v Mountford. D. Rachel is a tenant because the agreement is for more than one year. E. Rachel is a licensee because she only has the use of one room.
Correct answer: C. Under Street v Mountford, the substance of the arrangement determines its legal character, not the label. Rachel has exclusive possession of the room for a fixed term of 2 years at a rent. These are the hallmarks of a lease. The fact that the document says "licence" is irrelevant. Sam's retention of a key and cleaning may suggest a licence, but the predominant character of the arrangement is a tenancy.
Question 8: Mortgages — Duty on Sale
Scenario: Tina is a mortgagee who has exercised her power of sale over a property. She sells the property to her brother, Victor, for £150,000. The market value of the property is £250,000.
Question: Has Tina breached her duty?
A. No, because a mortgagee is entitled to sell at any price. B. Yes, because a mortgagee must take reasonable care to obtain the true market value, and selling to a connected party at a significant undervalue is likely to be a breach. C. No, because Victor is a bona fide purchaser. D. Yes, because a mortgagee must always obtain the best possible price. E. No, because the mortgagor consented to the sale.
Correct answer: B. A mortgagee exercising a power of sale owes a duty to take reasonable care to obtain the true market value (Downsview Nominees Ltd v First City Corporation Ltd). Selling to a connected party (her brother) at a significant undervalue (£150,000 vs £250,000 market value) strongly suggests a breach of this duty. The duty is not to obtain the best possible price, but to take reasonable care.
Question 9: Co-Ownership — Beneficial Interests
Scenario: William and Xena buy a property together. The transfer document states they hold as joint tenants. However, William contributed 80% of the purchase price and Xena contributed 20%.
Question: In the absence of any express declaration of trust, how will the beneficial interests be determined if the relationship breaks down?
A. They will be held in equal shares because they are joint tenants. B. They will be held in accordance with their financial contributions, as the presumption of resulting trust applies — Stack v Dowson and Jones v Kernott. C. William will be entitled to the entire beneficial interest because he contributed more. D. The court will order the property to be sold and the proceeds split equally. E. Xena will have no beneficial interest because her contribution was too small.
Correct answer: B. Where property is held in joint names but there is no express declaration of trust regarding the beneficial interests, the starting point is that equity follows the law and the parties hold in equal shares (Stack v Dowson). However, this presumption can be displaced by evidence of the parties' common intention, and financial contributions are relevant. Under Jones v Kernott, the court will ascertain the parties' common intention, and if it cannot be inferred, it will impute an intention based on what is fair. The 80/20 contribution split is strong evidence of a common intention to hold in those proportions.
Question 10: Unregistered Land — Land Charges
Scenario: Yara owns an unregistered freehold property. She grants Zoe an option to purchase the property, but Zoe does not register it as a land charge. Yara later sells the property to Amir, who has no knowledge of Zoe's option.
Question: Can Zoe enforce her option against Amir?
A. Yes, because Amir had constructive notice of the option. B. No, because Zoe failed to register the option as a Class C(iv) land charge, and it is therefore void against Amir as a purchaser of a legal estate for value — LCA 1925. C. Yes, because an option is an equitable interest that binds the world. D. No, because options cannot be enforced against third parties. E. Yes, because Zoe's interest is overriding.
Correct answer: B. An option to purchase land is an estate contract and must be registered as a Class C(iv) land charge under the Land Charges Act 1925. If it is not registered, it is void against a purchaser of a legal estate for money or money's worth (LCA 1925, s.4). Amir is such a purchaser, and the fact that he had no actual knowledge of the option is irrelevant — the land charges system replaces the doctrine of notice for registered charges.
How to Memorise Land Law Rules Effectively
Land Law involves a large volume of rules, statutory provisions, and case law principles. Here are the most effective memorisation strategies for SQE1 preparation.
Flashcards with Spaced Repetition
Spaced repetition is the single most effective technique for retaining large volumes of factual information. The idea is simple: you review each rule at increasing intervals (1 day, 3 days, 7 days, 14 days, 30 days), and the repetition cements it in your long-term memory.
Our flashcards for Land Law cover every topic on the syllabus and are designed for spaced repetition. Each card tests a single rule or principle, so you can identify exactly where your gaps are.
Mnemonics for Multi-Step Tests
Many Land Law rules require you to work through a multi-step test. Mnemonics can help you recall each step under exam pressure:
- Re Ellenborough Park criteria for easements: "DATE" — Dominant and servient tenement, Accommodates the dominant tenement, Two different owners, Exists in substance (capable of being granted).
- Tulk v Moxhay requirements for burden running: "NITP" — Negative covenant, Intention to run, Touches and concerns the land, Purchaser has notice.
- Overreaching conditions: "TTC" — Two trustees (or Trust corporation), Capital money paid to trustees.
Topic Maps and Visual Summaries
Create a one-page visual summary for each topic that shows how the rules connect. For example, a flowchart for co-ownership might start with "Joint tenancy or tenancy in common?", branch into "Severance?", then "Sale — overreaching?", and end with "Distribution of proceeds." This helps you see the big picture and reduces the risk of getting lost in the details.
Teach-Back Method
Explain each topic out loud as if you were teaching it to someone who has never studied law. If you can explain overreaching or the adverse possession procedure clearly and simply, you understand it well enough for the exam. If you stumble or have to look something up, that is a gap to fill.
How Land Law Connects to Other FLK2 Subjects
Land Law does not exist in a vacuum on the SQE1. It is deeply connected to several other subjects in the FLK2 paper, and questions frequently test these overlaps.
Land Law and Property Practice
Property Practice is the most obvious overlap. When you are acting for a buyer in a conveyancing transaction, you need to understand registered land, searches, the effect of entries on the register, and the distinction between legal and equitable interests. A question that looks like a Property Practice question may in fact be testing whether you understand overriding interests or overreaching.
Land Law and Trusts
Co-ownership is essentially a trusts topic. The distinction between joint tenants and tenants in common, the calculation of beneficial interests under Stack v Dowson and Jones v Kernott, and the role of trustees all sit at the intersection of Land Law and Trusts.
Land Law and Wills and the Administration of Estates
When a property owner dies, their interest in land forms part of their estate. Questions may test whether a joint tenancy passes by survivorship (outside the estate) or whether a tenancy in common passes under the will (inside the estate). The distinction matters for inheritance tax and for the distribution of the estate.
Land Law and Dispute Resolution
Adverse possession claims, mortgage possession proceedings, and disputes over beneficial interests may all involve civil litigation procedures. Understanding the procedural context helps you answer questions more accurately.
Practising with our full mock exams will help you get used to the way these subjects overlap in real SQE1 questions.
Final Study Tips for SQE1 Land Law in 2026
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Start early and revise consistently. Land Law is not a subject you can cram in a week. Begin revising at least 6-8 weeks before the exam and use spaced repetition throughout.
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Focus on the high-frequency topics. Registered land, co-ownership, overriding interests, easements, and leases come up most often. Prioritise these.
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Practise questions, not just notes. Reading notes passively gives you a false sense of confidence. You need to apply the rules to scenarios. Use our practice questions daily.
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Learn the statutory references. You do not need to memorise every section number, but knowing the key sections (LRA 2002 Schedule 3 para 2 for overriding interests, LPA 1925 s.36(2) for severance, LPA 1925 ss.2 and 27 for overreaching) will speed up your recall in the exam.
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Use flashcards for rules, not concepts. Flashcards are brilliant for drilling individual rules (e.g., "What are the requirements for an easement under Re Ellenborough Park?"). They are less effective for building conceptual understanding. Use them alongside more in-depth study materials.
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Simulate exam conditions. At least once before the real exam, sit a timed mock exam that mixes Land Law with other FLK2 subjects. This will test your ability to switch between topics under pressure.
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Review your mistakes carefully. Every question you get wrong is a learning opportunity. Identify the topic, the specific rule you missed, and add it to your flashcard deck.
For a complete set of Land Law study materials, practice questions, flashcards, and mock exams, explore our pricing plans and find the package that works for you.
Summary
Land Law is one of the most challenging subjects on the SQE1, but it is far from impossible. The key is to approach it systematically: build your foundations with registered land and co-ownership, then work through the remaining topics in a logical order. Memorise the key rules using flashcards and spaced repetition. Practise applying those rules to realistic scenarios. And always, always check for actual occupation.
With the right preparation, Land Law can go from being your weakest subject to one of your strongest. Good luck with your revision for SQE1 in 2026."}],"stop_reason":"end_turn","stop_sequence":null,"usage":{"input_tokens":3752,"cache_creation_input_tokens":0,"cache_read_input_tokens":7488,"output_tokens":9036,"server_tool_use":{"web_search_requests":0,"web_fetch_requests":0},"service_tier":"standard","cache_creation":{"ephemeral_1h_input_tokens":0,"ephemeral_5m_input_tokens":0},"inference_geo":"","iterations":[],"speed":"standard"}},"type":"assistant","uuid":"263e8ad7-d56f-47f2-9bdd-b28720593647","timestamp":"2026-03-29T08:32:40.982Z","userType":"external","entrypoint":"cli","cwd":"/Users/goludev/work/js/websites/sqe1-web","sessionId":"55849167-6582-4bef-ad7a-8bc19b7c0473","version":"2.1.87","gitBranch":"main","slug":"binary-seeking-raccoon"}