Law of Property Act 1925
Law of Property Act 1925 (1925 c. 20)
- Law of Property Act 1925 (1925 c. 20)
- Part I General Principles as to Legal Estates, Equitable Interests and Powers
- 1 Legal estates and equitable interests.
- 2 Conveyances overreaching certain equitable interests and powers.
- 3 Manner of giving effect to equitable interests and powers.
- 4 Creation and disposition of equitable interests.
- 5 Satisfied terms, whether created out of freehold or leasehold land to cease.
- 6 Saving of lessors’ and lessees’ covenants.
- 7 Saving of certain legal estates and statutory powers.
- 8 Saving of certain legal powers to lease.
- 9 Vesting orders and dispositions of legal estates operating as conveyances by an estate owner.
- 10 Title to be shown to legal estates.
- 11 Registration in Middlesex and Yorkshire as respects legal estates.
- 12 Limitation and Prescription Acts.
- 13 Effect of possession of documents.
- 14 Interests of persons in possession.
- 15 Presumption that parties are of full age.
- Death Duties
- 16–18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Infants and Lunatics
- 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 20 Infants not to be appointed trustees.
- 21 Receipts by married infants.
- 22 Conveyances on behalf of persons suffering from mental disorder and as to land held by them in trust.
- . . .
- 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Trusts of land
- 24 Appointment of trustees of land.
- 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 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.
- 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 31 Trust of mortgaged property where right of redemption is barred.
- 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 33 Application of Pt. I. to personal representatives.
- Undivided Shares and Joint Ownership
- 34 Effect of future dispositions to tenants in common.
- 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 36 Joint tenancies.
- 37 Rights of husband and wife.
- 38 Party structures.
- Transitional Provisions
- 39 Transitional provisions in First Schedule.
- Part II Contracts, Conveyances and other Instruments
- Contracts
- 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 41 Stipulations not of the essence of a contract.
- 42 Provisions as to contracts.
- 43 Rights protected by registration.
- 44 Statutory commencements of title.
- 45 Other statutory conditions of sale.
- 46 Forms of contracts and conditions of sale.
- 47 Application of insurance money on completion of a sale or exchange.
- 48 Stipulations preventing a purchaser, lessee, or underlessee from employing his own solicitor to be void.
- 49 Applications to the court by vendor and purchaser.
- 50 Discharge of incumbrances by the court on sales or exchanges.
- Conveyances and other Instruments
- 51 Lands lie in grant only.
- 52 Conveyances to be by deed.
- 53 Instruments required to be in writing.
- 54 Creation of interests in land by parol.
- 55 Savings in regard to last two sections.
- 56 Persons taking who are not parties and as to indentures.
- 57 Description of deeds.
- 58 Provisions as to supplemental instruments.
- 59 Conditions and certain covenants not implied.
- 60 Abolition of technicalities in regard to conveyances and deeds.
- 61 Construction of expressions used in deeds and other instruments.
- 62 General words implied in conveyances.
- 63 All estate clause implied.
- 64 Production and safe custody of documents.
- 65 Reservation of legal estates.
- 66 Confirmation of past transactions.
- 67 Receipt in deed sufficient.
- 68 Receipt in deed or indorsed evidence.
- 69 Receipt in deed or indorsed authority for payment to solicitor.
- 70 Partial release of security from rentcharge.
- 71 Release of part of land affected from a judgment.
- 72 Conveyances by a person to himself, &c.
- 73 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 74 Execution of instruments by or on behalf of corporations.
- 74A Execution of instrument as a deed
- 75 Rights of purchaser as to execution.
- Covenants
- 76 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 77 Implied covenants in conveyances subject to rents.
- 78 Benefit of covenants relating to land.
- 79 Burden of covenants relating to land.
- 80 Covenants binding land.
- 81 Effect of covenant with two or more jointly.
- 82 Covenants and agreements entered into by a person with himself and another or others.
- 83 Construction of implied covenants.
- 84 Power to discharge or modify restrictive covenants affecting land.
- Part III Mortgages, Rentcharges, and Powers of Attorney
- Mortgages
- 85 Mode of mortgaging freeholds.
- 86 Mode of mortgaging leaseholds.
- 87 Charges by way of legal mortgage.
- 88 Realisation of freehold mortgages.
- 89 Realisation of leasehold mortgages.
- 90 Realisation of equitable charges by the court.
- 91 Sale of mortgaged property in action for redemption or foreclosure.
- 92 Power to authorise land and minerals to be dealt with separately.
- 93 Restriction on consolidation of mortgages.
- 94 Tacking and further advances.
- 95 Obligation to transfer instead of re-conveying, and as to right to take possession.
- 96 Regulations respecting inspection, production and delivery of documents, and priorities.
- 97 Priorities as between puisne mortgages.
- 98 Actions for possession by mortgagors.
- 99 Leasing powers of mortgagor and mortgagee in possession.
- 100 Powers of mortgagor and mortgagee in possession to accept surrenders of leases.
- 101 Powers incident to estate or interest of mortgagee.
- 102 Provision as to mortgages of undivided shares in land.
- 103 Regulation of exercise of power of sale.
- 104 Conveyance on sale.
- 105 Application of proceeds of sale.
- 106 Provisions as to exercise of power of sale.
- 107 Mortgagee’s receipts, discharges, &c.
- 108 Amount and application of insurance money.
- 109 Appointment, powers, remuneration and duties of receiver.
- 110 Effect of bankruptcy of the mortgagor on the power to sell or appoint a receiver.
- 111 Effect of advance on joint account.
- 112 Notice of trusts on transfer of mortgage.
- 113 Notice of trusts affecting mortgage debts.
- 114 Transfers of mortgages.
- 115 Reconveyances of mortgages by endorsed receipts.
- 116 Cesser of mortgage terms.
- 117 Forms of statutory legal charges.
- 118 Forms of statutory transfers of legal charges.
- 119 Implied covenants, joint and several.
- 120 Form of discharge of statutory mortgage or charge.
- Rentcharges
- 120A Interpretation
- 120B Regulated rentcharges: notice of arrears before enforcement
- 120C Service of notice under section 120B: additional requirement
- 120D Regulated rentcharge arrears: administration charges
- 121 Remedies for the recovery of annual sums charged on land.
- 122 Creation of rentcharges charged on another rentcharge and remedies for recovery thereof.
- 122A Contrary provision of no effect
- Powers of Attorney
- 123 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 124 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 125 †Powers of attorney relating to land to be filed.
- 126–129 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Part IV Equitable Interests and things in Action
- 130 . . . Entailed interests in real and personal property.
- 131 Abolition of the rule in Shelley’s case.
- 132 As to heirs taking by purchase.
- 133 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 134 Restriction on executory limitations.
- 135 Equitable waste.
- 136 Legal assignments of things in action.
- 137 Dealings with life interests, reversions and other equitable interests.
- 138 Power to nominate a trust corporation to receive notices.
- Part V Leases and Tenancies
- 139 Effect of extinguishment of reversion.
- 140 Apportionment of conditions on severance.
- 141 Rent and benefit of lessee’s covenants to run with the reversion.
- 142 Obligation of lessor’s covenants to run with reversion.
- 143 Effect of licences granted to lessees.
- 144 No fine to be exacted for licence to assign.
- 145 Lessee to give notice of ejectment to lessor.
- 146 Restrictions on and relief against forfeiture of leases and underleases.
- 147 Relief against notice to effect decorative repairs.
- 148 Waiver of a covenant in a lease.
- 149 Abolition of interesse termini, and as to reversionary leases and leases for lives.
- 150 Surrender of a lease, without prejudice to underleases with a view to the grant of a new lease.
- 151 Provision as to attornments by tenants.
- 152 Leases invalidated by reason of non-compliance with terms of powers under which they are granted.
- 153 Enlargement of residue of long terms into fee simple estates.
- 154 Application of Part V. to existing leases.
- Part VI Powers
- 155 Release of powers simply collateral.
- 156 Disclaimer of power.
- 157 Protection of purchasers claiming under certain void appointments.
- 158 Validation of appointments where objects are excluded or take illusory shares.
- 159 Execution of powers not testamentary.
- 160 Application of Part VI. to existing powers.
- Part VII Perpetuities and Accumulations
- Perpetuities
- 161 Abolition of the double possibility rule.
- 162 Restrictions on the perpetuity rule.
- 163 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Accumulations
- 164 General restrictions on accumulation of income.
- 165 Qualification of restrictions on accumulation.
- 166 Restriction on accumulation for the purchase of land.
- Part VIII Married Women and Lunatics
- 167–170 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 171 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Part IX Voidable Dispositions
- 172 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 173 Voluntary disposition of land how far voidable as against purchasers.
- 174 Acquisitions of reversions at an under value.
- Part X Wills
- 175 Contingent and future testamentary gifts to carry the intermediate income.
- 176 Power for tenant in tail in possession to dispose of property by specific devise or bequest.
- 177 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 178 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 179 Prescribed forms for reference in wills.
- Part XI Miscellaneous
- Miscellaneous
- 180 Provisions as to corporations.
- 181 Dissolution of a corporation.
- 182 Protection of solicitor and trustees adopting Act.
- 183 Fraudulent concealment of documents and falsification of pedigrees.
- 184 Presumption of survivorship in regard to claims to property.
- 185 Merger.
- 186 Rights of pre-emption capable of release.
- 187 Legal easements.
- 188 Power to direct division of chattels.
- 189 Indemnities against rents.
- Redemption and Apportionment of Rents, &c.
- 190 Equitable apportionment of rents and remedies for non-payment or breach of covenant.
- 191 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 192 Apportionment of charges payable for redemption of tithe rentcharge.
- Commons and Waste Lands
- 193 Rights of the public over commons and waste lands.
- 194 Restrictions on inclosure of commons.
- Judgments, &c. affecting Land
- 195 Equitable charges in right of judgment debt, &c.
- Notices
- 196 Regulations respecting notices.
- 197 Notice of memorials registered in Middlesex and Yorkshire.
- 198 Registration under the Land Charges Act, 1925, to be notice.
- 199 Restrictions on constructive notice.
- 200 Notice of restrictive covenants and easements.
- Part XII Construction, Jurisdiction, and General Provisions
- 201 Provisions of Act to apply to incorporeal hereditaments.
- 202 Provisions as to enfranchisement of copyholds, &c.
- 203 Payment into court, jurisdiction and procedure.
- 204 Orders of court conclusive.
- 205 General definitions.
- 206 Forms of instruments and examples of abstracts.
- 207 Repeals as respects England and Wales.
- 208 Application to the Crown.
- 209 Short title, commencement, and extent.
- SCHEDULES
- FIRST SCHEDULE Transitional Provisions
- Part I Conversion of certain existing Legal Estates into Equitable Interests
- Part II Vesting of Legal Estates
- Part III Provisions as to Legal Estate vested in Infant
- Part IV Provisions subjecting Land held in Undivided Shares to a Trust for Sale
- Part V Provisions as to Party Structures and Open Spaces
- Part VI Conversion of Tenancies by entireties into Joint Tenancies
- Part VII Conversion of existing Freehold Mortgages into Mortgages by Demise
- Part VIII Conversion of existing Leasehold Mortgages into Mortgages by subdemise
- SECOND SCHEDULE Implied Covenants
- Part VII Covenant implied in a Conveyance for valuable consideration, other than a Mortgage, of the Entirety of Land affected by a Rentcharge
- 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
- 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
- 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
- THIRD SCHEDULE Forms of Transfer and Discharge of Mortgages
- FOURTH SCHEDULE Forms relating to Statutory Charges or Mortgages of Freehold or Leasehold Land
- FIFTH SCHEDULE Forms of Instruments
- SIXTH SCHEDULE Epitomes of Abstracts of Title