CILEX Land Law - Paper 1

The two legal estates in land recognised by the Law of Property Act 1925 are: A) Freehold and leasehold B) Fee simple absolute in possession and term of years absolute C) Life estate and fee tail D) Joint tenancy and tenancy in common

In joint tenancy, the right of survivorship (jus accrescendi) means that: A) The last surviving joint tenant inherits the entire estate B) Each joint tenant can pass their share by will C) The property is divided equally on death D) A joint tenant's share passes to their estate on death

For a lease to exist at law, which of the following is NOT required? A) Exclusive possession B) A fixed or periodic term C) Payment of a premium D) The formalities required by law are satisfied

An easement must satisfy the requirements laid down in: A) Street v Mountford B) Re Ellenborough Park C) Tulk v Moxhay D) Walsh v Lonsdale

Explain the system of land registration under the Land Registration Act 2002. Discuss the three categories of interests in registered land: registrable dispositions, interests that override, and interests protected by notice or restriction. Why is the register not a complete mirror of all interests affecting the land?

Discuss the methods by which a joint tenancy may be severed to create a tenancy in common in equity. Explain the three methods identified in Williams v Hensman and the statutory method under section 36(2) of the Law of Property Act 1925.

Explain the rights and remedies available to a mortgagee (lender) when a mortgagor defaults on mortgage payments. Discuss the power of sale, the right to possession, appointment of a receiver, and foreclosure, including any statutory or equitable restrictions on these remedies.

Explain how easements may be acquired by prescription (long use). Discuss the requirements for prescription at common law, under the doctrine of lost modern grant, and under the Prescription Act 1832. What are the main difficulties with the current law of prescriptive easements?