Land Law SQE notes.
Estates, interests, trusts, and registration. Below: a preview of the notes, all 12 topics, sample questions with worked explanations, and the first chapter of the Land Law study guide to download free, all mapped to the SRA’s FLK2 specification.
Free sample chapter
The first chapter of the Land Law study guide, with five worked questions, as a PDF and EPUB. The full guide is £9.99 on its own, and every subject is included with lifetime access.
From the notes
Topic 01: Nature of Land and Property
How the Land Law notes read. Every one of the 12 topics is written the same way: the rule, the trap the examiners set, and a worked question.
Land law governs the ownership, use, and transfer of land and property. It is one of the core areas of English law and a significant component of the SQE1 exam. Land law determines who has rights over land, how those rights are created and transferred, and how they are protected against third parties.
- Freehold estates (fee simple, life estates)
- Easements and profits a prendre
- Restrictive covenants (equitable)
- Mortgages and charges over land
Full notes for all 12 topics are included with lifetime access, or as the Land Law study guide (£9.99).
All 12 topics in Land Law
SRA-aligned- 01Free
Nature of Land and Property
Real property vs personal property, legal estates, equitable interests, co-ownership, and registered vs unregistered land
- 02
Legal and Equitable Interests in Land
Acquiring and disposing of legal and equitable interests, formalities, third party protection, and the doctrine of notice
- 03
Registered Land
Land Registration Act 2002, the register, protecting interests, overriding interests, and adverse possession
- 04
Unregistered Land
Title deeds, Land Charges Act 1972, doctrine of notice, and overreaching
- 05
Co-ownership
Joint tenancies and tenancies in common: creation, severance, survivorship, and implied co-ownership through resulting and constructive trusts
- 06
Trusts of Land
TOLATA 1996: trustees' powers, s.14 applications, resolving co-owner disputes, and rights of occupation
- 07
Easements
Re Ellenborough Park criteria, types of easements, creation methods (express, implied, prescription), enforcement, defences, and reform
- 08
Freehold Covenants
Freehold covenants: passing the benefit and burden, positive vs restrictive covenants, enforcement, remedies, statutory modification, and workarounds
- 09
Mortgages
Legal and equitable mortgages, lender powers, priority disputes, and protection of mortgagors and third parties
- 10
Leases — Creation and Characteristics
Essential characteristics of a lease, legal formalities, types of leasehold estate, and distinguishing leases from licences
- 11
Leasehold Covenants and Enforceability
Privity of contract and estate, passing of benefit and burden, Landlord and Tenant (Covenants) Act 1995, and alienation covenants
- 12
Lease Termination and Remedies
Methods of lease termination, forfeiture, relief against forfeiture, and remedies for breach of leasehold covenants
Try before you buy
4 sample LL questions
Real SBA questions from the Land Law bank, with the full explanation. The paid bank covers all 12 topics and difficulty levels.
A man has exchanged contracts to sell his freehold house and garden, and completion is a week away. Before moving out he digs up three mature apple trees and a row of established shrubs and takes them to his new home. He also takes a stack of cut logs and a dozen potted plants from the patio. The contract says nothing about anything in the garden. The buyer objects when she next visits the property.
Is the seller entitled to take the apple trees and the shrubs to his new home?
- No, because plants growing in the soil form part of the land and pass to the buyer on completion. Correct
- No, because everything the seller kept in the garden passes to the buyer, whether or not it was growing in the soil.
- Yes, because the contract mentions nothing in the garden, so only the house and the ground itself were sold.
- Yes, because things a landowner plants for his own enjoyment stay his property and may be taken when he leaves.
- Yes, because what passes is fixed by the title plan, which shows only the surface area of the plot.
A woman dies leaving a registered freehold house. Her will gives the house "to my husband for life, and after his death to my daughter absolutely", and appoints two executors, who are to hold as trustees. The husband asks the executors to have him registered at the Land Registry as owner of the house for the rest of his life, with the daughter registered as owner of what is left afterwards.
Can the husband be registered as the proprietor of a legal estate for his lifetime?
- Yes, because an estate for life may be created at law where it is given by will rather than by deed.
- Yes, because he is entitled to immediate possession of the house for the rest of his life.
- No, because the only estates capable of subsisting at law are the fee simple absolute in possession and the term of years absolute. Correct
- No, because a legal estate cannot be registered in a beneficiary's name until the executors have executed a written assent vesting it in him.
- No, because a legal estate in land can be vested in no more than four persons at any one time.
A man and a woman bought a house together twelve years ago. They were registered as joint proprietors and the transfer declared that they held the beneficial interest as joint tenants. Nothing was ever done to change that. Last year the man made a valid will leaving his entire estate to his brother. The man has now died. The brother says that half the house belongs to him under the will, and has asked the woman to buy him out.
Who became entitled to the man's interest in the house on his death?
- The brother, because the will disposed of the man's share in the house along with the rest of his estate.
- The brother, because a joint tenant may leave his share by will if the will is made after the purchase.
- The woman, because the man's share passed to her under the intestacy rules when he died.
- The woman, because on the death of a joint tenant the deceased's interest accrues to the surviving joint tenant. Correct
- The woman and the brother in equal shares, because the man's death severed the joint tenancy.
A house is held by two trustees on trust for a woman and her sister in equal shares. The trust was set up so that the family would have somewhere to live, and the house is empty and in good repair. The woman asks to move in. The trustees refuse, telling her that the house is theirs as the legal owners, that she is entitled only to half the money if it is ever sold, and that a beneficiary has no right to live in trust property.
Is the woman entitled to occupy the house as a beneficiary of the trust?
- No, because the legal estate is vested in the trustees, who alone are entitled to possession of the house.
- No, because a beneficiary's interest under a trust of land is an interest in the proceeds of sale only.
- Yes, because a beneficiary with an interest in possession may occupy land the trustees hold so as to be available. Correct
- Yes, because a beneficiary entitled to half of the trust property may occupy half of the house.
- Yes, because trustees of land must in all cases give effect to the wishes of a beneficiary of full age.
Free audio course
Listen to Land Law — Season 9 of the podcast
Every topic below is also a free podcast episode — the rules, the traps and a worked question in around fifteen minutes, on your commute.
- 1. Nature of Land and Property17 min
- 2. Legal and Equitable Interests in Land22 min
- 3. Registered Land19 min
- 4. Unregistered Land21 min
- 5. Co-ownership21 min
- 6. Trusts of Land18 min
- 7. Easements20 min
- 8. Freehold Covenants22 min
- 9. Mortgages23 min
- 10. Leases18 min
- 11. Leasehold Covenants and Enforceability22 min
- 12. Lease Termination and Remedies24 min
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