Introduction

1. What is Land Law? Core Principles

Land law is the body of legal rules that governs the ownership, use and transfer of interests in land. It determines who owns land, what rights they have over it, what rights others may have over their land, and how those rights are created, protected and enforced. For a practising solicitor, land law is fundamental: almost every transaction involving property — a residential purchase, a commercial lease, a mortgage, or a development project — engages land law principles.

English land law rests on several foundational principles that distinguish it from personal property law and from land law in other jurisdictions. The first of these is the doctrine of estates.

The Law of Property Act 1925 ('LPA 1925') is the cornerstone statute of modern English land law. It dramatically simplified the pre-1926 system by reducing the number of legal estates to two and the number of legal interests to five categories (s.1(2) LPA 1925). All other interests in land take effect in equity only.

A second foundational principle is the distinction between legal and equitable interests. Legal interests 'bind the whole world' — they are enforceable against anyone who subsequently acquires the land, regardless of whether that person knew about the interest. Equitable interests, by contrast, may be defeated by a purchaser who acquires the land without notice of the interest (in unregistered land) or without the interest being properly protected on the register (in registered land).

A third core principle is that land law prioritises certainty and security of title. The system of land registration, governed by the Land Registration Act 2002 ('LRA 2002'), aims to create a comprehensive and reliable record of title, so that anyone dealing with registered land can ascertain from the register who owns it and what interests burden it.

1.1.1 Real Property, Personal Property and the Historical Background

English law classifies property into two great categories: 'real property' (realty) and 'personal property' (personalty). Real property is historically the land itself and the freehold estate; personal property is everything else. Leaseholds occupy an awkward middle position: they are proprietary interests in land but were historically classified as 'chattels real' because the common-law remedies originally available to a dispossessed tenant were personal actions for damages rather than the real actions by which a dispossessed freeholder could recover the land itself. The distinction matters today mainly for the law of wills and administration of estates, where the old line between realty and personalty has been progressively removed by statute.

The two great sources of English law — common law and equity — both contribute to modern land law. Common law is the body of rules developed by the royal courts from the medieval period onwards. Equity is the body of rules developed by the Court of Chancery to supplement and correct the rigidity of the common law. The Judicature Acts 1873–1875 fused the administration of common law and equity (so that the same court now applies both), but the underlying distinction between legal and equitable interests remains central to modern land law. A legal interest is enforceable at common law; an equitable interest is enforceable in equity only and is therefore more vulnerable to defeat.

1.1.2 Fixtures and Chattels

Section 205(1)(ix) LPA 1925 defines 'land' to include buildings and parts of buildings, mines and minerals, and any interest in land. By the rule quicquid plantatur solo, solo cedit ('whatever is attached to the soil becomes part of the soil'), objects that are sufficiently annexed to the land become part of the land — they are fixtures. Fixtures pass with the land on a sale or mortgage under s.62 LPA 1925; chattels do not and must be expressly transferred.

The leading modern test is the two-stage test restated by the House of Lords in Elitestone Ltd v Morris [1997] 1 WLR 687, drawing on the judgment of Blackburn J in Holland v Hodgson (1872) LR 7 CP 328.

(1) Degree of annexation. How firmly is the item attached? An item resting on the land by its own weight is prima facie a chattel; an item physically attached (e.g. screwed, bolted, cemented) is prima facie a fixture. The presumption can be rebutted.

(2) Purpose of annexation. Why was the item attached? If it was attached to enable the item to be better used as a chattel (e.g. a tapestry nailed to a wall to display it), it remains a chattel; if it was attached to improve the land permanently (e.g. an integrated kitchen), it is a fixture. Modern authority treats the purpose test as decisive: Berkley v Poulett [1977] 1 EGLR 86. The Court of Appeal applied the test to 109 items in a residential flat in Botham v TSB Bank plc (1997) 73 P & CR D1, holding that built-in kitchen units and bathroom fittings were fixtures.

1.1.3 The Two Legal Estates and the Five Legal Interests

Section 1 LPA 1925 is the keystone of the 1925 legislative scheme. Section 1(1) reduced the number of legal estates to two: (a) the fee simple absolute in possession (the freehold) and (b) the term of years absolute (the leasehold).

Section 1(2) lists five categories of legal interest: (i) easements, rights or privileges in or over land for an interest equivalent to an estate in fee simple absolute in possession or a term of years absolute; (ii) rentcharges in possession issuing out of land; (iii) charges by way of legal mortgage; (iv) any other similar charge on land which is not created by an instrument; and (v) rights of entry annexed to a legal term of years or a legal rentcharge. Section 1(3) provides that all other estates, interests and charges in or over land take effect as equitable interests.

The significance of s.1 is profound. Pre-1926 law recognised many legal estates (fee tail, life estate, base fee, etc.) and a bewildering variety of legal interests. The 1925 legislation simplified the framework to reduce the burden on conveyancing: a purchaser of a freehold or leasehold could be confident that only a small and defined list of legal interests could bind them 'for all the world,' while everything else (options, restrictive covenants, estate contracts, life interests under trusts, beneficial interests under resulting or constructive trusts, and so on) took effect in equity and required its own protection mechanisms.

2. Sources of English Land Law

English land law draws on a rich body of statute, case law and equitable doctrine. The principal statutory sources that you will encounter throughout this book are set out below.

1.2.1 The Law of Property Act 1925 (LPA 1925)

The LPA 1925 is the foundation of modern land law. Key provisions include: s.1 (legal estates and interests); s.2 (overreaching); s.27 (requirement for a deed); s.36 (severance of joint tenancies); s.52 (requirement for conveyance by deed); s.53 (formalities for equitable interests); s.54(2) (short leases exception); s.62 (general words implied in conveyances); s.78 (benefit of covenants running with the land); s.101 (mortgagee's powers); and s.146 (forfeiture of leases).

1.2.2 The Land Registration Act 2002 (LRA 2002)

The LRA 2002 governs the system of registered land in England and Wales. It replaced the Land Registration Act 1925 and introduced a modernised framework for land registration. Key provisions include: s.4 (triggering events for first registration); s.23 (owner's powers); s.27 (registrable dispositions); s.29 (effect of registration on priority); ss.32–36 (notices); s.40 (restrictions); Sch 1 and Sch 3 (overriding interests); and Sch 6 (adverse possession).

1.2.3 The Trusts of Land and Appointment of Trustees Act 1996 (TLATA 1996)

TLATA 1996 governs trusts of land, including the implied trusts that arise in co-ownership situations. Sections 14 and 15 are of particular importance for the SQE: they provide the mechanism for resolving disputes between co-owners about the occupation and sale of co-owned land.

1.2.4 The Law of Property (Miscellaneous Provisions) Act 1989 (LP(MP)A 1989)

Section 1 sets out the modern requirements for a valid deed (signed, witnessed, delivered). Section 2 requires contracts for the sale or other disposition of an interest in land to be in writing, signed by both parties, and to incorporate all the terms.

1.2.5 The Landlord and Tenant (Covenants) Act 1995 (LTCA 1995)

The LTCA 1995 reformed the rules governing the passing of leasehold covenants for leases granted on or after 1 January 1996 ('new leases'). Under the 1995 Act, all covenants (except personal covenants) pass automatically on assignment, and the outgoing tenant is released from liability.

1.2.6 Recent Legislative Developments

Two significant pieces of recent legislation fall within the SQE1 examination window (cut-off: 13 March 2026).

The Renters' Rights Act 2025 received Royal Assent on 27 October 2025. It abolishes assured shorthold tenancies (ASTs) and 'no-fault' section 21 evictions under the Housing Act 1988, converting all short-term residential tenancies to a single system of assured periodic tenancies. The substantive tenancy-reform provisions are brought into force by statutory instrument; the key provisions in Chapter 1 of Part 1 (the end of ASTs and section 21) came into force on 1 May 2026. Because the Act had received Royal Assent by the SQE1 cut-off date, it is examinable in enacted form for the SQE1. We examine it in detail in Chapters 11 and 14.

The Leasehold and Freehold Reform Act 2024 received Royal Assent on 24 May 2024. Section 27, which removed the two-year qualifying period for leasehold enfranchisement and lease extension claims, came into force on 31 January 2025. Provisions relating to the right to manage (increasing the non-residential limit from 25% to 50%) came into force on 3 March 2025.

3. Map of the Topic: How Land Law Fits Together

The SRA FLK2 syllabus for Land Law is organised into five interconnected areas. Understanding how these areas relate to each other is essential for tackling SQE1 scenario questions, which often require you to draw on principles from more than one area simultaneously.

4. The SQE1 FLK2 Assessment

This section explains the assessment objectives, the format of the SQE1 FLK2 paper, and a systematic approach for tackling Land Law scenario questions.

1.4.1 Assessment Objectives

The SRA requires candidates to apply relevant core legal principles and rules appropriately and effectively, at the level of a competent newly qualified solicitor in practice, to realistic client-based and ethical problems and situations in the following areas: (1) registered and unregistered land; (2) freehold and leasehold estates, and legal and equitable interests in land; (3) landlord and tenant; and (4) co-ownership.

Candidates must demonstrate their ability to act honestly and with integrity and in accordance with the SRA Standards and Regulations, the SRA Principles and the Code of Conduct for Solicitors.

1.4.2 Format: Single Best Answer Questions

SQE1 FLK2 is a closed-book, computer-based assessment consisting of 180 single best answer questions (SBAQs) across all FLK2 subjects. Each question presents a scenario, typically from the perspective of a solicitor advising a client, followed by a question stem and five answer options (A–E). You must select the single best answer. There is no negative marking.

1.4.3 How to Approach FLK2 Land Law Scenario Questions

When faced with a Land Law SBAQ, adopt the following systematic approach.

Step 1: Identify the property type and registration status. Is the land registered or unregistered? Is the interest freehold or leasehold? This determines which statutory framework applies.

Step 2: Identify the legal issue. What is the question really asking? Is it about the creation of an interest, its protection, its enforceability against a third party, or a remedy for breach?

Step 3: Apply the relevant rule. State the legal test or statutory provision, apply it to the facts, and reach a conclusion.

Step 4: Eliminate wrong options. Even if you are not certain of the correct answer, you can often eliminate two or three options that are clearly wrong, improving your chances of selecting the best answer.

5. The Role of a Solicitor in Land Law

A solicitor's work in land law spans advisory, transactional and dispute resolution functions, all underpinned by compliance and professional ethics.

Advisory role: Solicitors advise clients on the acquisition, disposal and management of interests in land. This includes explaining the implications of different forms of ownership (freehold v leasehold, joint tenancy v tenancy in common), the effect of third-party rights (easements, covenants, mortgages), and the steps needed to protect the client's interests.

Transactional role: Solicitors manage the conveyancing process — preparing contracts, conducting title investigations, raising enquiries, drafting transfers and leases, and ensuring that all interests are properly registered. They also act on mortgage transactions, acting for both lender and borrower where appropriate.

Dispute resolution role: Solicitors represent clients in disputes over boundaries, easements, covenants, co-ownership, and landlord–tenant matters. This may involve negotiation, mediation, tribunal proceedings (e.g. under TLATA 1996 s.14), or court litigation.

Compliance and ethics: Solicitors must act in accordance with the SRA Standards and Regulations, including the duty to act with integrity (Principle 5), the duty to act in the best interests of the client (Principle 7), and the obligation to identify and manage conflicts of interest.

6. How to Use This Book

This book is organised into six Units and fifteen Chapters, following the SRA FLK2 Land Law syllabus. Each chapter contains the following components.

Substantive content: A clear exposition of the legal principles, supported by statutory references and case law.

KEY TERM boxes: Definitions of essential terminology highlighted for quick reference.

SQE EXAM TIP boxes: Practical guidance on how topics are likely to be tested and common traps to avoid.

SQE ASSESSMENT ADVICE boxes: Broader strategic advice on exam technique.

Key Notes table: A structured summary of the chapter's key items, concepts and authorities.

Revision Notes: Five broad questions and answers for self-testing.

MCQ Practice: Five single best answer questions in the SQE1 style, with a detailed answer key.

We recommend that you work through the chapters in order, as later chapters build on concepts introduced earlier. After completing all chapters, use Chapter 15 (Revision and Exam Strategy) to practise mixed-topic questions and consolidate your understanding.

7. Key Notes (Chapter Summary)

The following summary table consolidates the key items, concepts and authorities introduced in this chapter. Treat it as a revision checklist — you should be able to define each row from memory and cite the relevant provision.

8. Revision Notes

Five broad questions and answers for self-testing. Attempt each from memory before reading the model note, then check that you can reproduce the statutory references and authorities.

Q1 What are the two legal estates in land recognised by English law, and where are they defined?

Note: The two legal estates are the fee simple absolute in possession (freehold) and the term of years absolute (leasehold). They are defined in section 1(1) of the Law of Property Act 1925. All other estates (such as life estates or fee tails) were abolished as legal estates by the 1925 legislation and can now exist only in equity.

Q2 What is the fundamental difference between registered and unregistered land?

Note: In registered land, title is proved by the register maintained by HM Land Registry; the register is conclusive (subject to overriding interests) and the State guarantees its accuracy. In unregistered land, title is proved by an unbroken chain of title deeds going back at least 15 years to a good root of title, and third-party interests are protected either by registration as land charges under the Land Charges Act 1972 or by the equitable doctrine of notice.

Q3 Why is the distinction between legal and equitable interests important?

Note: Legal interests 'bind the whole world' — they are enforceable against any subsequent acquirer of the land, regardless of notice. Equitable interests are more fragile: in unregistered land, they may be defeated by a bona fide purchaser for value of the legal estate without notice; in registered land, they must be protected by entry of a notice or restriction on the register, or they may lose priority to a registered disposition for valuable consideration (s.29 LRA 2002). The exception is overriding interests, which bind regardless of registration.

Q4 Name three key statutes a solicitor must know for SQE1 Land Law.

Note: The three most important statutes are: (1) the Law of Property Act 1925, which establishes the framework of legal estates and interests, formalities, and key mechanisms such as overreaching and severance; (2) the Land Registration Act 2002, which governs the registered land system including registrable dispositions, notices, restrictions, overriding interests, and adverse possession; and (3) the Trusts of Land and Appointment of Trustees Act 1996, which governs trusts of land and provides the mechanism for resolving co-ownership disputes.

Q5 What recent legislation should candidates be aware of for the SQE1 examination?

Note: Candidates should be aware of two recent Acts: the Renters' Rights Act 2025 (Royal Assent 27 October 2025), which abolishes assured shorthold tenancies and section 21 'no-fault' evictions, converting all residential tenancies to periodic tenancies; and the Leasehold and Freehold Reform Act 2024 (Royal Assent 24 May 2024), which removed the two-year qualifying period for enfranchisement claims (s.27, in force 31 January 2025) and increased the non-residential limit for right-to-manage claims to 50% (in force 3 March 2025). Both Acts are within the SQE1 cut-off date of 13 March 2026.

9. MCQ Practice — Five SQE-Style Questions

Each of the following five questions mirrors the style, length and difficulty of the SQE1 FLK2 single best answer questions. Attempt each closed-book, write down your answer, then turn to the answer key. The answer key explains why each option is correct or incorrect — read every explanation in full.

A. A freeholder owns the land absolutely and permanently, while a leaseholder merely has permission to occupy the land.

B. Both freehold and leasehold are legal estates in land recognised by section 1(1) of the Law of Property Act 1925. A freehold is a fee simple absolute in possession, while a leasehold is a term of years absolute.

C. A freeholder has a legal estate, but a leaseholder has only an equitable interest in the land.

D. A freehold lasts forever, while a leasehold can only last for a maximum of 99 years.

E. Freehold and leasehold are both forms of licence to occupy Crown land.

A. The easement cannot exist because it is not on the register.

B. The easement may still be enforceable against the purchaser if it qualifies as an overriding interest under Schedule 3 of the Land Registration Act 2002.

C. The easement is automatically void because the neighbour failed to register it.

D. The purchaser is bound by the easement because all equitable interests bind the whole world.

E. The easement can only be enforced if the neighbour obtains a court order within 12 months of the purchase.

A. The contract must be made by deed, signed by both parties and witnessed.

B. The contract must be in writing, incorporate all the terms agreed, and be signed by or on behalf of both parties, in accordance with section 2 of the Law of Property (Miscellaneous Provisions) Act 1989.

C. The contract can be made orally, provided there are at least two witnesses present.

D. The contract must be in writing and signed by the seller only, as the buyer's signature is not required.

E. The contract must be registered at HM Land Registry before it becomes legally binding.

A. The previous owner was entitled to remove the kitchen island because all kitchen items are chattels.

B. The kitchen island is likely to be a fixture, because the degree of annexation (bolted to the floor, connected to electrical and plumbing) and the purpose of annexation (permanent improvement to the property) both point towards fixture status. The previous owner was not entitled to remove it.

C. The kitchen island is a chattel because it was installed by the previous owner for their own enjoyment.

D. The previous owner was entitled to remove the kitchen island because the contract of sale did not specifically mention it.

E. The kitchen island automatically passed to the client on completion, but only if the client paid additional consideration for it.

A. The AST will continue unchanged because it was granted before the 2025 Act came into force.

B. The AST will be automatically converted to an assured periodic tenancy under the 2025 Act, and the landlord will no longer be able to use section 21 'no-fault' eviction to recover possession.

C. The landlord must apply to the court to convert the AST to a new form of tenancy under the 2025 Act.

D. The 2025 Act only applies to tenancies granted after 1 May 2026 and does not affect existing ASTs.

E. The landlord can continue to use section 21 'no-fault' eviction for 12 months after the Act comes into force.