Legal Practice Course (LPC) Property Law and Practice (Conveyancing) Syllabus

Property Law and Practice (Conveyancing) syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for Property Law and Practice (Conveyancing) in Legal Practice Course (LPC), not a summary of it.

1. 1

   Foundations of Land and Conveyancing

   5 topics

   • Estates and interests in land
     • Freehold and leasehold estates
     • Legal and equitable interests
   • The registered and unregistered systems of title
   • Co-ownership: joint tenancy and tenancy in common
   • The conveyancing transaction overview and key parties
   • Professional conduct and acting for buyer, seller and lender
2. 2

   The Pre-Contract Stage

   5 topics

   • Taking instructions and the client care letter
   • Investigating title
     • Official copies and title plan for registered land
     • Epitome of title and root of title for unregistered land
     • Identifying and reporting on incumbrances
   • Pre-contract searches and enquiries
     • Local authority and drainage searches
     • Environmental, chancel and other specialist searches
     • Pre-contract enquiries of the seller (CPSE/forms)
   • Surveys, planning and building regulations
   • Town and country planning issues affecting the property
3. 3

   Drafting and Exchange of Contracts

   5 topics

   • The draft contract and Standard Conditions of Sale
   • Deposits, completion date and contract rate
   • Methods of exchange and Law Society Formulae A, B and C
   • Consequences of exchange and risk passing
   • Special conditions and dealing with defects in title
4. 4

   Pre-Completion and Completion

   4 topics

   • Drafting and approving the transfer deed (TR1)
   • Pre-completion searches
     • OS1 priority search at the Land Registry
     • Bankruptcy (K16) search against the buyer
   • Mortgage arrangements and the certificate of title
   • Completion: discharge, requisitions and the completion statement
5. 5

   Post-Completion and Taxation

   4 topics

   • Stamp Duty Land Tax and the SDLT return
   • Registration of title and the priority period
   • Discharge of the seller's mortgage and notification
   • Remedies for delayed completion and notice to complete
6. 6

   Leasehold and Commercial Property

   6 topics

   • Grant of a lease and the agreement for lease
   • Leasehold covenants and enforceability
     • Repair, alienation and user covenants
     • Liability under the Landlord and Tenant (Covenants) Act 1995
   • Rent review and service charge provisions
   • Assignment and underletting and licence to assign
   • Security of tenure under the Landlord and Tenant Act 1954
   • Forfeiture, remedies and termination of leases

Property Law and Practice (Conveyancing) flashcards for Legal Practice Course (LPC)

22 of 73 cards from the Property Law and Practice (Conveyancing) deck — real questions with worked answers.

1. What are the two legal estates in land that can exist under s.1(1) Law of Property Act 1925?

   (1) The fee simple absolute in possession (freehold); and (2) the term of years absolute (leasehold). All other estates and interests take effect in equity.

2. Name the two principal interests in land capable of being legal under s.1(2) LPA 1925.

   An easement, right or privilege for an interest equivalent to a legal estate (e.g. an easement for a fee simple/term of years), and a charge by way of legal mortgage. (Also rentcharges and rights of entry.) All other interests are equitable.

3. Distinguish a legal interest from an equitable interest in terms of who they bind.

   Legal interests bind the whole world automatically. Equitable interests bind everyone except a bona fide purchaser of a legal estate for value without notice (and, in registered/unregistered systems, are subject to the relevant protection/registration rules).

4. In the registered system, what are the three categories of interest under the Land Registration Act 2002?

   (1) Registrable estates/dispositions (substantively registered); (2) interests protected by entry on the register (notices and restrictions); and (3) overriding interests (binding despite not appearing on the register, listed in Schedules 1 and 3).

5. Give three examples of overriding interests under Schedule 3 LRA 2002 (registered dispositions).

   (1) A legal lease granted for 7 years or less; (2) an interest of a person in actual occupation; and (3) a legal easement or profit (subject to qualifying conditions, e.g. obvious on reasonable inspection or known to the buyer).

6. What is the difference between a 'notice' and a 'restriction' on the registered title?

   A notice protects the priority of a third-party interest (e.g. an estate contract or restrictive covenant) by entry in the charges register. A restriction (in the proprietorship register) regulates whether/how a disposition can be registered (e.g. requiring a second trustee to overreach, or a Form A restriction for tenants in common).

7. In the unregistered system, how are most third-party interests protected, and against whom is registration effective?

   By registration as a land charge at the Land Charges Department against the name of the estate owner (Land Charges Act 1972). A registered land charge is deemed actual notice to all; failure to register makes most charges void against a purchaser (the void-ness varies by class).

8. State the consequence of failing to register a Class C(iv) estate contract and a Class D(ii) restrictive covenant as land charges.

   Both become void against a purchaser of a legal estate for money or money's worth if not registered before completion. (Contrast Class C(i)-(iii) and Class D, which are void against a purchaser for value of any interest in the land.)

9. What is the 'root of title' in unregistered conveyancing and how old must it be?

   A document that adequately describes the property, deals with the whole legal and equitable interest, casts no doubt on title and contains a recognisable description. By s.23 LPA 1969 it must be at least 15 years old (a good root of title).

10. Compare a joint tenancy and a tenancy in common as forms of co-ownership.

    Joint tenancy: co-owners hold as one collective owner with no distinct shares and the right of survivorship applies. Tenancy in common: each holds a distinct, undivided (often unequal) share that passes under their will/intestacy with no survivorship. The legal estate is always held as a joint tenancy.

11. What are the 'four unities' required for a joint tenancy?

    Possession, Interest, Title and Time. Possession alone is required for a tenancy in common; absence of any of the other three unities means there can only be a tenancy in common.

12. How can a beneficial joint tenancy be severed, converting it into a tenancy in common?

    By written notice under s.36(2) LPA 1925; or by an act operating on one's own share (e.g. sale/mortgage of the share); mutual agreement; mutual conduct; or by one party's bankruptcy/homicide. Survivorship then ceases for the severed share.

13. What entry warns a buyer that the registered proprietors may hold beneficially as tenants in common?

    A Form A restriction in the proprietorship register, requiring that a disposition by a sole surviving proprietor must be made by at least two trustees or a trust corporation (so the buyer can overreach).

14. What is overreaching and what condition must be satisfied for it to operate?

    Overreaching transfers beneficiaries' equitable interests under a trust of land from the land to the purchase money, so they no longer bind the buyer. The condition is that capital money is paid to at least two trustees or a trust corporation (s.2 and s.27 LPA 1925).

15. Outline the four main stages of a standard conveyancing transaction in order.

    (1) Pre-contract (taking instructions, investigating title, searches, drafting/approving contract); (2) Exchange of contracts (binding contract formed); (3) Pre-completion (transfer deed, searches, mortgage funds); (4) Completion and post-completion (SDLT and registration).

16. Under the SRA Code, when can a solicitor act for both buyer and seller in a conveyancing transaction?

    Generally not, due to a conflict of interest. It is only permissible where there is no conflict (or a substantially common interest exception applies), the clients give informed consent in writing and effective safeguards are in place. Acting for two parties at arm's length on a sale is normally prohibited.

17. What is the main professional-conduct risk when acting for both the buyer and the lender, and what is the key safeguard?

    A conflict of interest if the buyer's and lender's interests diverge. It is generally permitted where they have a substantially common interest and the mortgage is on standard terms. The solicitor owes a duty to disclose all relevant information to the lender and must comply with the lender's instructions (e.g. the UK Finance Mortgage Lenders' Handbook).

18. What is the purpose of a client care letter at the start of a conveyancing retainer?

    To confirm instructions and the scope of the retainer, give costs information (fees, disbursements, VAT), identify the responsible fee earner and complaints procedure, and comply with SRA transparency/client-care obligations. It also addresses ID/AML verification and the basis of charging.

19. What client due diligence must a conveyancer carry out before acting, and why?

    Customer due diligence (identity verification, source of funds) under the Money Laundering Regulations 2017, because conveyancing is high-risk for money laundering. The solicitor must verify the client's identity and remain alert to red flags throughout.

20. What does investigating title involve for registered land?

    Examining official copies of the register (proprietorship, property and charges registers) and the title plan, ideally less than 6 months old, plus any documents referred to. The solicitor checks the class of title, the seller's right to sell, and any incumbrances (notices, restrictions, charges).

21. List the four main classes of registered title and rank their quality.

    Absolute (the best, full guarantee); Good leasehold (lease title guaranteed but not the freehold reversion); Possessory (based on actual possession, subject to pre-registration adverse interests); and Qualified (subject to a specified defect). Possessory/qualified can be upgraded.

22. What is the difference between the 'property register', 'proprietorship register' and 'charges register'?

    Property register: describes the land, estate (freehold/leasehold) and benefiting rights (e.g. easements). Proprietorship register: names the registered proprietor, class of title, price paid and any restrictions. Charges register: records burdens such as mortgages, restrictive covenants and notices.

See more Property Law and Practice (Conveyancing) flashcards →

Planning Property Law and Practice (Conveyancing) for Legal Practice Course (LPC)

Property Law and Practice (Conveyancing) (Legal Practice Course (LPC)) FAQ