FLK2 · SQE1 module

Land Law

Land Law tests the substantive rules underneath Property Practice’s procedure: what counts as a legal or equitable interest, and how third parties are affected by it.

Easements, co-ownership and the priority of interests are the most frequently tested areas, usually through a short fact pattern rather than a bare definition question.

What this module covers

Every section of Land Law, in the order the course teaches them. This is the whole syllabus for the module, not a selection. Open a section to read the topics inside it.

  1. The Nature of Land; Fixtures and Fittings2 topics
    • What land includes
    • Fixtures and fittings distinguished
  2. Estates and Interests in Land8 topics
    • The two legal estates
    • The five legal interests
    • Deed formalities
    • Contract formalities
    • Proprietary estoppel
    • Section 1 as a closed list
    • Commonhold
    • Limits on land ownership
  3. Unregistered Title3 topics
    • Deducing unregistered title
    • The classes of land charge
    • The doctrine of notice
  4. Registered Title (Land Registration Act 2002)10 topics
    • Triggers for compulsory first registration
    • Registrable dispositions
    • Notices and restrictions
    • Cancelling a unilateral notice
    • Overriding interests
    • The Schedule 3 closed list
    • Disclosing overriding interests on first registration
    • The classes of title
    • A caution against first registration
    • Estates capable of substantive registration
  5. Adverse Possession3 topics
    • Elements of a claim
    • Registered land: the ten-year scheme
    • Unregistered land: twelve years
  6. Co-Ownership: Trusts of Land, Joint Tenancy, Tenancy in Common and Severance6 topics
    • Legal and equitable co-ownership
    • The four unities
    • Severance
    • Overreaching
    • Disputes and applications for sale
    • The duty to consult beneficiaries
  7. Leases: Essentials, Lease/Licence Distinction and Formalities7 topics
    • The essentials of a lease
    • Certainty of term
    • Formalities for legal and equitable leases
    • Service occupancy
    • The types of lease
    • How a lease is determined
    • A sublease when the head lease ends
  8. Leasehold Covenants, Privity, Remedies and Forfeiture6 topics
    • Landlord and tenant covenants
    • Privity and release on assignment
    • Assignment and sublease compared
    • Forfeiture and the landlord’s remedies
    • Consent to assign: grounds and effect
    • Rent and repair drafting detail
  9. Business Tenancies: Security of Tenure (LTA 1954)1 topic
    • Security of tenure for a business tenant
  10. Easements and Profits4 topics
    • The four characteristics of an easement
    • Express and implied creation
    • Prescription and protection
    • Ancillary rights
  11. Freehold Covenants4 topics
    • Positive and restrictive covenants
    • Running of the burden
    • Running of the benefit
    • Estate rentcharges for positive covenants
  12. Mortgages7 topics
    • Creation and protection of a mortgage
    • The equity of redemption
    • Remedies of a legal mortgagee
    • Remedies of an equitable mortgagee
    • Tacking further advances
    • Priority between mortgages
    • Occupiers’ interests binding a mortgagee

A real question from this module

Answer it before you decide

FLK2 · Land Law

Question

A path across a neighbour’s land allows the owner of the neighbouring plot to reach a private car park more conveniently, though a longer public road route to the same car park is also available. Which of the following is NOT required for this right to exist as a valid easement?

Choose the best answer

Answer D

The accepted characteristics of an easement are a dominant and servient tenement, diversity of ownership or occupation between them, that the right accommodates the dominant tenement rather than merely conferring a personal advantage, and that the right is capable of forming the subject matter of a grant. Necessity, in the sense that the right is the only practical way to reach the dominant tenement, is not one of these characteristics, and a right of way can be a valid easement even where a less convenient alternative route exists.

Re Ellenborough Park [1956] Ch 131.

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