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Law of Property Act 1925

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Law of Property Act 1925 is up to date with all changes known to be in force on or before 26 December 2024. There are changes that may be brought into force at a future date. Help about Changes to Legislation

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  1. Introductory Text

  2. Part I General Principles as to Legal Estates, Equitable Interests and Powers

    1. 1. Legal estates and equitable interests.

    2. 2. Conveyances overreaching certain equitable interests and powers.

    3. 3. Manner of giving effect to equitable interests and powers.

    4. 4. Creation and disposition of equitable interests.

    5. 5. Satisfied terms, whether created out of freehold or leasehold land to cease.

    6. 6. Saving of lessors’ and lessees’ covenants.

    7. 7. Saving of certain legal estates and statutory powers.

    8. 8. Saving of certain legal powers to lease.

    9. 9. Vesting orders and dispositions of legal estates operating as conveyances by an estate owner.

    10. 10. Title to be shown to legal estates.

    11. 11. Registration in Middlesex and Yorkshire as respects legal estates.

    12. 12. Limitation and Prescription Acts.

    13. 13. Effect of possession of documents.

    14. 14. Interests of persons in possession.

    15. 15. Presumption that parties are of full age.

    16. Death Duties

      1. 16–18.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    17. Infants and Lunatics

      1. 19. Effect of conveyances of legal estates to infants.

      2. 20. Infants not to be appointed trustees.

      3. 21. Receipts by married infants.

      4. 22. Conveyances on behalf of persons suffering from mental disorder and as to land held by them in trust.

    18. Dispositions on Trust for Sale

      1. 23. Duration of trusts for sale.

    19. Trusts of land

      1. 24. Appointment of trustees of land.

      2. 25. Power to postpone sale.

      3. 26. Consents to the execution of a trust for sale.

      4. 27. Purchaser not to be concerned with the trusts of the proceeds of sale which are to be paid to two or more trustees or to a trust corporation.

      5. 28. Powers of management, &c. conferred on trustees for sale.

      6. 29. Delegation of powers of management by trustees for sale.

      7. 30. Powers of court where trustees for sale refuse to exercise powers.

      8. 31. Trust of mortgaged property where right of redemption is barred.

      9. 32. Implied trust for sale in personalty settlements.

      10. 33. Application of Pt. I. to personal representatives.

    20. Undivided Shares and Joint Ownership

      1. 34. Effect of future dispositions to tenants in common.

      2. 35. Meaning of the statutory trusts.

      3. 36. Joint tenancies.

      4. 37. Rights of husband and wife.

      5. 38. Party structures.

    21. Transitional Provisions

      1. 39. Transitional provisions in First Schedule.

  3. Part II Contracts, Conveyances and other Instruments

    1. Contracts

      1. 40.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      2. 41. Stipulations not of the essence of a contract.

      3. 42. Provisions as to contracts.

      4. 43. Rights protected by registration.

      5. 44. Statutory commencements of title.

      6. 45. Other statutory conditions of sale.

      7. 46. Forms of contracts and conditions of sale.

      8. 47. Application of insurance money on completion of a sale or exchange.

      9. 48. Stipulations preventing a purchaser, lessee, or underlessee from employing his own solicitor to be void.

      10. 49. Applications to the court by vendor and purchaser.

      11. 50. Discharge of incumbrances by the court on sales or exchanges.

    2. Conveyances and other Instruments

      1. 51. Lands lie in grant only.

      2. 52. Conveyances to be by deed.

      3. 53. Instruments required to be in writing.

      4. 54. Creation of interests in land by parol.

      5. 55. Savings in regard to last two sections.

      6. 56. Persons taking who are not parties and as to indentures.

      7. 57. Description of deeds.

      8. 58. Provisions as to supplemental instruments.

      9. 59. Conditions and certain covenants not implied.

      10. 60. Abolition of technicalities in regard to conveyances and deeds.

      11. 61. Construction of expressions used in deeds and other instruments.

      12. 62. General words implied in conveyances.

      13. 63. All estate clause implied.

      14. 64. Production and safe custody of documents.

      15. 65. Reservation of legal estates.

      16. 66. Confirmation of past transactions.

      17. 67. Receipt in deed sufficient.

      18. 68. Receipt in deed or indorsed evidence.

      19. 69. Receipt in deed or indorsed authority for payment to solicitor.

      20. 70. Partial release of security from rentcharge.

      21. 71. Release of part of land affected from a judgment.

      22. 72. Conveyances by a person to himself, &c.

      23. 73.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      24. 74. Execution of instruments by or on behalf of corporations.

      25. 74A.Execution of instrument as a deed

      26. 75. Rights of purchaser as to execution.

    3. Covenants

      1. 76. Covenants for title.

      2. 77. Implied covenants in conveyances subject to rents.

      3. 78. Benefit of covenants relating to land.

      4. 79. Burden of covenants relating to land.

      5. 80. Covenants binding land.

      6. 81. Effect of covenant with two or more jointly.

      7. 82. Covenants and agreements entered into by a person with himself and another or others.

      8. 83. Construction of implied covenants.

      9. 84.Power to discharge or modify restrictive covenants affecting land.

  4. Part III Mortgages, Rentcharges, and Powers of Attorney

    1. Mortgages

      1. 85.Mode of mortgaging freeholds.

      2. 86.Mode of mortgaging leaseholds.

      3. 87.Charges by way of legal mortgage.

      4. 88.Realisation of freehold mortgages.

      5. 89.Realisation of leasehold mortgages.

      6. 90.Realisation of equitable charges by the court.

      7. 91.Sale of mortgaged property in action for redemption or foreclosure.

      8. 92.Power to authorise land and minerals to be dealt with separately.

      9. 93.Restriction on consolidation of mortgages.

      10. 94.Tacking and further advances.

      11. 95.Obligation to transfer instead of re-conveying, and as to right to take possession.

      12. 96.Regulations respecting inspection, production and delivery of documents, and priorities.

      13. 97.Priorities as between puisne mortgages.

      14. 98.Actions for possession by mortgagors.

      15. 99.Leasing powers of mortgagor and mortgagee in possession.

      16. 100.Powers of mortgagor and mortgagee in possession to accept surrenders of leases.

      17. 101.Powers incident to estate or interest of mortgagee.

      18. 102.Provision as to mortgages of undivided shares in land.

      19. 103.Regulation of exercise of power of sale.

      20. 104.Conveyance on sale.

      21. 105.Application of proceeds of sale.

      22. 106.Provisions as to exercise of power of sale.

      23. 107.Mortgagee’s receipts, discharges, &c.

      24. 108.Amount and application of insurance money.

      25. 109.Appointment, powers, remuneration and duties of receiver.

      26. 110.Effect of bankruptcy of the mortgagor on the power to sell or appoint a receiver.

      27. 111.Effect of advance on joint account.

      28. 112.Notice of trusts on transfer of mortgage.

      29. 113.Notice of trusts affecting mortgage debts.

      30. 114.Transfers of mortgages.

      31. 115.Reconveyances of mortgages by endorsed receipts.

      32. 116.Cesser of mortgage terms.

      33. 117.Forms of statutory legal charges.

      34. 118.Forms of statutory transfers of legal charges.

      35. 119.Implied covenants, joint and several.

      36. 120.Form of discharge of statutory mortgage or charge.

    2. Rentcharges

      1. 120A.Interpretation

      2. 120B.Regulated rentcharges: notice of arrears before enforcement

      3. 120C.Service of notice under section 120B: additional requirement

      4. 120D.Regulated rentcharge arrears: administration charges

      5. 121.Remedies for the recovery of annual sums charged on land.

      6. 122.Creation of rentcharges charged on another rentcharge and remedies for recovery thereof.

      7. 122A.Contrary provision of no effect

    3. Powers of Attorney

      1. 123.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      2. 124.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      3. 125.†Powers of attorney relating to land to be filed.

      4. 126–129.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  5. Part IV Equitable Interests and things in Action

    1. 130. Creation of entailed interests in real and personal property.

    2. 131. Abolition of the rule in Shelley’s case.

    3. 132. As to heirs taking by purchase.

    4. 133.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    5. 134. Restriction on executory limitations.

    6. 135. Equitable waste.

    7. 136. Legal assignments of things in action.

    8. 137. Dealings with life interests, reversions and other equitable interests.

    9. 138. Power to nominate a trust corporation to receive notices.

  6. Part V Leases and Tenancies

    1. 139. Effect of extinguishment of reversion.

    2. 140. Apportionment of conditions on severance.

    3. 141. Rent and benefit of lessee’s covenants to run with the reversion.

    4. 142. Obligation of lessor’s covenants to run with reversion.

    5. 143. Effect of licences granted to lessees.

    6. 144. No fine to be exacted for licence to assign.

    7. 145. Lessee to give notice of ejectment to lessor.

    8. 146. Restrictions on and relief against forfeiture of leases and underleases.

    9. 147. Relief against notice to effect decorative repairs.

    10. 148. Waiver of a covenant in a lease.

    11. 149. Abolition of interesse termini, and as to reversionary leases and leases for lives.

    12. 150. Surrender of a lease, without prejudice to underleases with a view to the grant of a new lease.

    13. 151. Provision as to attornments by tenants.

    14. 152. Leases invalidated by reason of non-compliance with terms of powers under which they are granted.

    15. 153. Enlargement of residue of long terms into fee simple estates.

    16. 154. Application of Part V. to existing leases.

  7. Part VI Powers

    1. 155. Release of powers simply collateral.

    2. 156. Disclaimer of power.

    3. 157. Protection of purchasers claiming under certain void appointments.

    4. 158. Validation of appointments where objects are excluded or take illusory shares.

    5. 159. Execution of powers not testamentary.

    6. 160. Application of Part VI. to existing powers.

  8. Part VII Perpetuities and Accumulations

    1. Perpetuities

      1. 161. Abolition of the double possibility rule.

      2. 162. Restrictions on the perpetuity rule.

      3. 163.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    2. Accumulations

      1. 164. General restrictions on accumulation of income.

      2. 165. Qualification of restrictions on accumulation.

      3. 166. Restriction on accumulation for the purchase of land.

  9. Part VIII Married Women and Lunatics

    1. 167–170.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    2. 171.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  10. Part IX Voidable Dispositions

    1. 172.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    2. 173. Voluntary disposition of land how far voidable as against purchasers.

    3. 174. Acquisitions of reversions at an under value.

  11. Part X Wills

    1. 175. Contingent and future testamentary gifts to carry the intermediate income.

    2. 176. Power for tenant in tail in possession to dispose of property by specific devise or bequest.

    3. 177.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    4. 178.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    5. 179. Prescribed forms for reference in wills.

  12. Part XI Miscellaneous

    1. Miscellaneous

      1. 180. Provisions as to corporations.

      2. 181. Dissolution of a corporation.

      3. 182. Protection of solicitor and trustees adopting Act.

      4. 183. Fraudulent concealment of documents and falsification of pedigrees.

      5. 184. Presumption of survivorship in regard to claims to property.

      6. 185. Merger.

      7. 186. Rights of pre-emption capable of release.

      8. 187. Legal easements.

      9. 188. Power to direct division of chattels.

      10. 189. Indemnities against rents.

    2. Redemption and Apportionment of Rents, &c.

      1. 190. Equitable apportionment of rents and remedies for non-payment or breach of covenant.

      2. 191.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      3. 192. Apportionment of charges payable for redemption of tithe rentcharge.

    3. Commons and Waste Lands

      1. 193. Rights of the public over commons and waste lands.

      2. 194.Restrictions on inclosure of commons.

    4. Judgments, &c. affecting Land

      1. 195.Equitable charges in right of judgment debt, &c.

    5. Notices

      1. 196. Regulations respecting notices.

      2. 197. Notice of memorials registered in Middlesex and Yorkshire.

      3. 198. Registration under the Land Charges Act, 1925, to be notice.

      4. 199. Restrictions on constructive notice.

      5. 200. Notice of restrictive covenants and easements.

  13. Part XII Construction, Jurisdiction, and General Provisions

    1. 201. Provisions of Act to apply to incorporeal hereditaments.

    2. 202. Provisions as to enfranchisement of copyholds, &c.

    3. 203. Payment into court, jurisdiction and procedure.

    4. 204. Orders of court conclusive.

    5. 205. General definitions.

    6. 206. Forms of instruments and examples of abstracts.

    7. 207. Repeals as respects England and Wales.

    8. 208. Application to the Crown.

    9. 209.Short title, commencement, and extent.

  14. Law of Property Act 1925

    1. FIRST SCHEDULE

      Transitional Provisions

      1. Part I Conversion of certain existing Legal Estates into Equitable Interests

      2. Part II Vesting of Legal Estates

        1. 1.Where the purposes of a term of years, created or...

        2. 2.Where immediately after the commencement of this Act any owner...

        3. 3.Where immediately after the commencement of this Act any person...

        4. 4.Any person who, immediately after the commencement of this Act,...

        5. 5.For the purposes of this Part of this Schedule, a...

        6. 6.Under the provisions of this Part of this Schedule, the...

        7. 7.Nothing in this Part of this Schedule shall operate—

        8. 8.Any legal estate acquired by virtue of this Part of...

        9. 9.No stamp duty shall become payable by reason only of...

      3. Part III Provisions as to Legal Estate vested in Infant

        1. 1.Where immediately before the commencement of this Act a legal...

        2. 2.Where immediately before the commencement of this Act a legal...

        3. 3.Where, immediately before the commencement of this Act, a legal...

        4. 3A.The county court has jurisdiction under proviso (iii) to paragraph...

        5. 4.Where, immediately before the commencement of this Act, a legal...

        6. 5.This Part of this Schedule does not affect the estate...

      4. Part IV Provisions subjecting Land held in Undivided Shares to a Trust for Sale

        1. 1.Where, immediately before the commencement of this Act, land is...

        2. 2.Where undivided shares in land, created before the commencement of...

        3. 3.This Part of this Schedule shall not save as hereinafter...

        4. 4.Where, immediately before the commencement of this Act, there are...

      5. Part V Provisions as to Party Structures and Open Spaces

        1. 1.Where, immediately before the commencement of this Act, a party...

        2. 2.Where, immediately before the commencement of this Act, an open...

        3. 3.Any person interested may apply to the court for an...

      6. Part VI Conversion of Tenancies by entireties into Joint Tenancies

      7. Part VII Conversion of existing Freehold Mortgages into Mortgages by Demise

        1. 1.All land, which immediately before the commencement of this Act,...

        2. 2.All land, which immediately before the commencement of this Act,...

        3. 3.The estate in fee simple which, immediately before the commencement...

        4. 4.If a sub-mortgage by conveyance of the fee simple is...

        5. 5.This Part of this Schedule applies to land enfranchised by...

        6. 6.A mortgage affecting a legal estate made before the commencement...

        7. 7.Nothing in this Part of this Schedule shall affect priorities...

        8. 8.This Part of this Schedule does not apply unless a...

      8. Part VIII Conversion of existing Leasehold Mortgages into Mortgages by subdemise

        1. 1.All leasehold land, which immediately before the commencement of this...

        2. 2.All leasehold land, which immediately before the commencement of this...

        3. 3.The term of years absolute which was assigned by any...

        4. 4.If a sub-mortgage by assignment of a term is subsisting...

        5. 5.A mortgage affecting a legal estate made before the commencement...

        6. 6.This Part of this Schedule applies to perpetually renewable leaseholds,...

        7. 7.This Part of this Schedule applies (save where expressly excepted)...

        8. 8.Nothing in this Part of this Schedule shall affect priorities...

    2. SECOND SCHEDULE

      Implied Covenants

      1. Part I

      2. Part II

      3. Part III

      4. Part IV

      5. Part V

      6. Part VI

      7. Part VII Covenant implied in a Conveyance for valuable consideration, other than a Mortgage, of the Entirety of Land affected by a Rentcharge

      8. Part VIII Covenants implied in a Conveyance for valuable Consideration, other than a Mortgage, or Part of Land affected by a Rentcharge, subject to a Part (not legally apportioned) of that Rentcharge

      9. Part IX Covenant in a Conveyance for valuable Consideration, other than a Mortgage, of the Entirety of the Land comprised in a Lease for the Residue of the Term or Interest created by the Lease

      10. Part X Covenants implied in a Conveyance for valuable Consideration, other than a Mortgage, or Part of the Land comprised in a Lease, for the Residue of the Term or Interest created by the Lease, subject to a Part (not legally apportioned) of that Rent

    3. THIRD SCHEDULE

      Forms of Transfer and Discharge of Mortgages

    4. FOURTH SCHEDULE

      Forms relating to Statutory Charges or Mortgages of Freehold or Leasehold Land

    5. FIFTH SCHEDULE

      Forms of Instruments

    6. SIXTH SCHEDULE

      Epitomes of Abstracts of Title

    7. SEVENTH SCHEDULE

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