Propertymark / NAEA Qualification (Level 3 Estate Agency) Property Law, Title and Conveyancing Syllabus

Property Law, Title and 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, Title and Conveyancing in Propertymark / NAEA Qualification (Level 3 Estate Agency), not a summary of it.

1. 1

   Estates and Interests in Land

   5 topics

   • Freehold estates and fee simple absolute in possession
   • Leasehold estates and terms of years absolute
     • Ground rent, service charges and lease covenants
     • Lease length, marriage value and short leases
   • Commonhold ownership structure
   • Joint ownership: joint tenancy and tenancy in common
     • Right of survivorship and severance
   • Legal and equitable interests
2. 2

   Land Registration and Title

   5 topics

   • HM Land Registry and the register of title
     • Property, proprietorship and charges registers
     • Title plans and general boundaries rule
   • Registered versus unregistered land
   • Classes of title (absolute, possessory, qualified)
   • Overriding and minor interests
   • Restrictions, notices and cautions
3. 3

   Rights, Restrictions and Encumbrances

   5 topics

   • Easements and rights of way
     • Creation, prescription and extinguishment
   • Restrictive and positive covenants
   • Mortgages and registered charges
   • Adverse possession
   • Wayleaves and flying freehold issues
4. 4

   The Conveyancing Process

   5 topics

   • Stages from instruction to completion
     • Memorandum of sale and the sales chain
     • Searches, enquiries and the draft contract
     • Exchange of contracts and completion
   • Roles of solicitors and licensed conveyancers
   • Property information forms (TA6, TA10)
   • Gazumping, gazundering and the effect of 'subject to contract'
   • Scottish and Northern Irish conveyancing differences
5. 5

   Leasehold and Tenure Reform

   4 topics

   • Leasehold extension and enfranchisement rights
   • Right to manage and collective enfranchisement
   • Building Safety Act 2022 implications for leaseholders
   • Leasehold and Freehold Reform changes

Property Law, Title and Conveyancing flashcards for Propertymark / NAEA Qualification (Level 3 Estate Agency)

19 of 50 cards from the Property Law, Title and Conveyancing deck — real questions with worked answers.

1. What is a 'fee simple absolute in possession' and what is its legal significance under the Law of Property Act 1925?

   It is the technical name for freehold ownership and is one of only two legal estates that can exist in land. 'Fee simple' means it can be inherited by heirs without restriction, 'absolute' means it is not conditional or determinable, and 'in possession' means the owner has an immediate right to occupy/enjoy it (including receipt of rents). It lasts indefinitely.

2. What are the two legal estates in land recognised by the Law of Property Act 1925?

   (1) The fee simple absolute in possession (freehold), and (2) the term of years absolute (leasehold). All other interests can only exist in equity unless they qualify as one of the legal interests/charges listed in s.1(2) LPA 1925.

3. Define a 'term of years absolute' (leasehold estate).

   A leasehold estate granting exclusive possession of land for a fixed, certain duration (e.g. 99, 125 or 999 years), in exchange for which the tenant typically pays rent/ground rent to the freeholder. It is a legal estate provided it is created correctly. Unlike freehold it is time-limited and reverts to the landlord on expiry.

4. What three certainties/requirements must exist for a valid lease (term of years)?

   (1) Exclusive possession granted to the tenant; (2) a certain/fixed term (a defined maximum duration); and (3) correct formality of creation (a deed for legal leases over 3 years). The principle that a lease requires exclusive possession for a certain term comes from Street v Mountford (1985).

5. What is commonhold and how does its ownership structure work?

   Commonhold (introduced by the Commonhold and Leasehold Reform Act 2002) is a form of freehold ownership of individual units (e.g. flats) within a multi-unit development. Each unit owner holds the freehold of their unit, while the common parts are owned and managed by a Commonhold Association (a company limited by guarantee of which all unit-holders are members). It avoids a wasting leasehold term.

6. Distinguish a joint tenancy from a tenancy in common.

   Joint tenancy: co-owners hold the whole property together as a single unit with no distinct shares; the right of survivorship applies. Tenancy in common: each co-owner holds a distinct, undivided share (e.g. 60/40) that does NOT pass by survivorship but instead passes under their will or intestacy.

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

   Possession, Interest, Title and Time (PITT). All four unities must be present for a joint tenancy. A tenancy in common requires only unity of possession; the other unities may be absent.

8. Explain the 'right of survivorship' (jus accrescendi).

   In a joint tenancy, when one joint tenant dies their interest automatically passes to the surviving joint tenant(s), regardless of any will. The last survivor becomes the sole owner. It does NOT apply to a tenancy in common, where the share passes under the deceased's will or intestacy.

9. In what form must the legal estate of co-owned land always be held, and what is the maximum number of legal joint tenants?

   The legal estate in co-owned land MUST be held as a joint tenancy on a trust of land (it can never be a tenancy in common at law). A maximum of four people can be registered as legal owners; if more are named, the first four named adults hold on trust for all.

10. Distinguish legal interests from equitable interests in land.

    Legal interests are recognised at common law, generally bind the whole world, and must be created/transferred by deed and (usually) registered. Equitable interests arise in equity (e.g. via trusts, contracts, estoppel, or where formality is defective) and historically bind everyone EXCEPT a bona fide purchaser of a legal estate for value without notice (now largely governed by registration).

11. What is HM Land Registry and what is the 'register of title'?

    HM Land Registry is the government body that records ownership of registered land in England and Wales. The register of title is the official record for each registered property, divided into three parts: the Property Register, the Proprietorship Register, and the Charges Register.

12. Name and describe the three parts of a registered title at HM Land Registry.

    (1) Property Register - describes the land/property, estate (freehold/leasehold) and rights benefiting it; (2) Proprietorship Register - names the registered owner(s), class of title and any restrictions; (3) Charges Register - records burdens such as mortgages, covenants and easements affecting the land.

13. Compare registered land with unregistered land.

    Registered land: ownership and interests are recorded at HM Land Registry; the register is conclusive proof of title and guaranteed by the state. Unregistered land: title is proved by examining historic title deeds and a chain of conveyances back to a good 'root of title' (at least 15 years old). Most land is now registered; unregistered land is converted on a triggering event such as sale.

14. What is the minimum age of a 'good root of title' required when proving title to unregistered land?

    A good root of title must be at least 15 years old. It must be a document that deals with the whole legal and equitable interest, adequately describes the property, and casts no doubt on the title (typically a conveyance or legal mortgage).

15. List the four classes of title that HM Land Registry can grant and rank them by strength.

    (1) Absolute title - the best and most common; (2) Good leasehold title - leasehold where the freehold/superior title was not checked; (3) Qualified title - subject to a specific identified defect or reservation; (4) Possessory title - based on adverse possession or where deeds are lost/destroyed, subject to any pre-existing rights.

16. What is 'absolute title' and is it ever truly free of all interests?

    Absolute title is the best class of title, giving the proprietor the estate together with all rights belonging to it, subject only to entries on the register and overriding interests. It is the most commonly granted class, but it is still subject to overriding interests that bind despite not appearing on the register.

17. What is 'possessory title' and how can it be upgraded?

    Possessory title is granted where the owner relies on adverse possession or cannot produce the title deeds. It is subject to any adverse interests existing at the date of first registration. It can be upgraded to absolute title (freehold) typically after 12 years of registration with no adverse claim.

18. What are 'overriding interests' under the Land Registration Act 2002?

    Overriding interests are interests that bind a purchaser of registered land even though they are NOT recorded on the register. Examples include: short legal leases (7 years or less), the interests of persons in actual occupation, and certain legal easements and profits. They are an exception to the principle that the register is complete.

19. Under the LRA 2002, the interest of a person in 'actual occupation' is an overriding interest - what is the key practical lesson for conveyancers?

    A buyer can be bound by the rights of someone in actual occupation (e.g. a non-owning cohabitee with a beneficial interest) even though they are not on the register. Therefore conveyancers must inspect the property and enquire about all adult occupiers and obtain consents/waivers (following Williams & Glyn's Bank v Boland).

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