FE-1 Property Law — repeat question model answers

Set in three of the last five sittings

Extrinsic evidence in the construction of wills

Section 90 of the Succession Act 1965 is broadly worded and the Supreme Court has read it narrowly. This is the most reliably examined single topic in FE-1 Property — the narrow essay appeared in three of the last five sittings, and the wider construction essay in the other two.

Set in two of the last five sittings

Easements: characteristics and acquisition

The four essential characteristics, the modes of acquisition, and the prescription regime as it actually stands after the 2021 Act repealed the 2009 scheme. Set in two of the last five sittings, the second time almost word for word.

Set in two of the last five sittings

Construction of wills, and distribution on intestacy

A two-part essay: critically analyse the rules governing the construction of wills, and briefly discuss how an intestate’s estate is distributed. The wording tells you the mark split — and most candidates get it wrong.

Essay set word for word in two sittings

Legislative protection of spouses in family property

One body of law, two question formats. The essay was set word for word in two sittings; the statutory-declaration problem — the bank told “my wife is dead to me” that took a declaration of death instead of asking — was set in two others.

Set in two of the last five sittings

Enforcing a mortgage: the lender’s options

A shop premises in Co. Mayo, a 2019 mortgage and mounting arrears. Two facts decide the answer and most candidates miss both — the premises are commercial, and the mortgage post-dates 1 December 2009.

Set in two of the last five sittings

Will formalities, revocation and the claims on the estate

A will signed by the solicitor at the testatrix’s direction while she was sedated, witnessed by two people who never read it, and later torn up on the telephone. Execution, revocation, the legal right share and section 117 in one question.

Set in two of the last five sittings

Simultaneous death, and a child’s claim under section 117

Two joint tenants killed in the same air crash, and a daughter left nothing while her wealthy brother takes the estate. Section 5 and section 117 in a single two-part question — and part (b) appears in two different versions.

Set in two of the last five sittings

Finders, treasure trove and title to a chattel found in land

A gold brooch half-buried in a tunnel running under a boundary, an inscription to “my dearest S”, and the man who sold the land ten years ago claiming it. Most scripts never mention the claimant who actually wins.