SQE1 sample questions

Question 103

A man and his neighbour own adjacent freehold, registered properties.

The man agrees with his neighbour that the man can cross the neighbour’s land as a shorter route (‘the Route’) to the man’s workplace than walking along the nearby, busy, main road. There is a track where the man has used the Route several times a week for the last 22 years. The man often meets the neighbour walking along the Route.

Their agreement has not been recorded at the Land Registry.

Two months ago, the neighbour informed the man that she was withdrawing her permission for him to use the Route.

Has the man acquired a legal right of way over the neighbour’s land by his use of the Route?

A. Yes, because the man has used the Route for over the last 20 years without force or secrecy.

B. Yes, because the man has used the Route in the last year and it is within the actual knowledge of the neighbour.

C. Yes, because the man’s use of the Route is continuous and apparent.

D. No, because the use of the Route has not been recorded on the register of title of the neighbour’s land.

E. No, because the neighbour gave him permission to use the Route.


E - No, because the neighbour gave him permission to use the Route.

Candidates who answered correctly: 35%


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