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LLFLK2 · 12 topics

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
Common Exam Items: In the SQE, you are likely to be asked about common household items. Fitted kitchens, built-in wardrobes, and central heating systems are generally fixtures. Free-standing fridges, washing machines, and carpets (unless fixed) are generally chattels. Items like satellite dishes, garden sheds, and greenhouse bases often require careful analysis using both parts of the two-stage test. Always apply the test: how is it attached, and why was it attached?

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
  1. 01

    Nature of Land and Property

    Real property vs personal property, legal estates, equitable interests, co-ownership, and registered vs unregistered land

    Free
  2. 02

    Legal and Equitable Interests in Land

    Acquiring and disposing of legal and equitable interests, formalities, third party protection, and the doctrine of notice

  3. 03

    Registered Land

    Land Registration Act 2002, the register, protecting interests, overriding interests, and adverse possession

  4. 04

    Unregistered Land

    Title deeds, Land Charges Act 1972, doctrine of notice, and overreaching

  5. 05

    Co-ownership

    Joint tenancies and tenancies in common: creation, severance, survivorship, and implied co-ownership through resulting and constructive trusts

  6. 06

    Trusts of Land

    TOLATA 1996: trustees' powers, s.14 applications, resolving co-owner disputes, and rights of occupation

  7. 07

    Easements

    Re Ellenborough Park criteria, types of easements, creation methods (express, implied, prescription), enforcement, defences, and reform

  8. 08

    Freehold Covenants

    Freehold covenants: passing the benefit and burden, positive vs restrictive covenants, enforcement, remedies, statutory modification, and workarounds

  9. 09

    Mortgages

    Legal and equitable mortgages, lender powers, priority disputes, and protection of mortgagors and third parties

  10. 10

    Leases — Creation and Characteristics

    Essential characteristics of a lease, legal formalities, types of leasehold estate, and distinguishing leases from licences

  11. 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. 12

    Lease Termination and Remedies

    Methods of lease termination, forfeiture, relief against forfeiture, and remedies for breach of leasehold covenants

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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?

  1. No, because plants growing in the soil form part of the land and pass to the buyer on completion. Correct
  2. No, because everything the seller kept in the garden passes to the buyer, whether or not it was growing in the soil.
  3. Yes, because the contract mentions nothing in the garden, so only the house and the ground itself were sold.
  4. Yes, because things a landowner plants for his own enjoyment stay his property and may be taken when he leaves.
  5. Yes, because what passes is fixed by the title plan, which shows only the surface area of the plot.
Why: The correct answer is A. Land is not merely the surface of the earth. It comprises the surface, the buildings and structures on it, anything growing in it, the subsoil beneath, and the airspace above to the height needed for the ordinary use of the land (Law of Property Act 1925 s.205(1)(ix); Bernstein v Skyviews & General Ltd [1978]). Whatever is planted in the soil belongs to the soil, so the growing trees and shrubs formed part of the land the man contracted to sell and had to be left for the buyer. The cut logs and the potted plants are movable chattels and remain his. B is incorrect because it goes too far: things merely standing in the garden, such as the logs and the pots, are chattels and do not pass with the land. C is incorrect because a contract to sell land needs no inventory of what grows in the soil; everything forming part of the land passes unless it is expressly excepted. D is incorrect because the purpose for which a plant was put in the ground does not keep it a chattel once it is growing in the soil. E is incorrect because the title plan shows the extent of the surface area only; it does not determine what counts as part of the land.
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