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Law of Property Act 1922

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Part XIE+W General Provisions

188 General definitions and jurisdiction of the court.E+W

In this Act unless a contrary intention appears—

(1)Land” includes land of any tenure, and mines and minerals, buildings or parts (whether the division is horizontal, vertical or otherwise) of buildings and other corporeal hereditaments; also a manor, an advowson, and a rent and other incorporeal hereditaments, and an easement, right, privilege, or benefit in, over, or derived from land; F1. . .; and “mines and minerals” include any strata or seam of minerals or substances in or under any land, and powers of working and getting the same F1. . .;

(2)—(5). . . . F2

(6)Court” means the High Court of Justice, . . . F3 or the county court, . . . F3and all matters within the jurisdiction of the High Court under this Act shall, subject to the Acts regulating the court, be assigned to the Chancery Division of the court; and every application to the court under this Act shall, except where it is otherwise expressed and subject to any rules of court to the contrary, be by summons at chambers, and the court shall have full power and discretion to make such order as it thinks fit respecting the costs, charges and expenses of all or any of the parties to any application;

(7)(8) . . . F2

(9)The Land Transfer Acts” means the Land Transfer Acts, 1875 and 1897, and includes any Act consolidating or amending the same, including this Act; and “Land Registrar” means the registrar under those Acts:

(10)—(18) . . . F2

(19) . . . F4

(20)—(22) . . . F2

(23)Settled land” has the same meaning as in the Settled Land Acts, and where the settlement consists of more than one instrument, or where any estate, interest, power or charge is by this Act made to take effect as if limited or protected by the settlement, it includes every estate or interest comprised in such compound settlement;

(24)—(29) . . . F2

F5(30). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(31)F6. . .

(32) . . . F2

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Amendments (Textual)

F1Words in s. 188(1) repealed (1.1.1997) by 1996 c. 47, s. 25(2), Sch. 4 (with s. 24(2), 25(4)(5); S.I. 1996/2974, art. 2

F2Ss. 43(4)–(7), 128–136, 138–143, 188(2)–(5)(7)(8)(10)–(18)(20)–(22)(24)–(29)(32), 189 and Schs. 12–14 repealed by Statute Law (Repeals) Act 1969 (c. 52), Sch. Pt. III

F6S. 188(31) repealed (27.3.2002) by S.I. 2002/794, art. 5(2), Sch. 2 (with arts. 5(3), 6)

189. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F7Ss. 43(4)–(7), 128–136, 138–143, 188(2)–(5)(7)(8)(10)–(18)(20)–(22)(24)–(29)(32), 189 and Schs. 12–14 repealed by Statute Law (Repeals) Act 1969 (c. 52), Sch. Pt. III

190 Special definitions applicable to Part VII.E+W

In Part VII. of this Act—

(i)Lessor” means the person for the time being entitled in reversion expectant on the interest demised, or, where the reversion is encumbered, the person having power to accept a surrender of the lease, or underlease;

(ii)Lessee” and “underlessee” include the persons respectively deriving title under them;

(iii)A perpetually renewable lease or underlease” means a lease or underlease the holder of which is entitled to enforce (whether or not subject to the fulfilment of any condition) the perpetual renewal therof, and includes a lease or underlease for a life or lives or for a term of years, whether determinable with life or lives or not, which is perpetually renewable as aforesaid, but does not include copyhold land held for a life or lives or for years, whether or not determinable with life, where the tenant had before the commencement of this Act a right of perpetual renewal subject or not to the fulfilment of any condition;

(iv)Underlease,” unless the context otherwise requires, includes a subterm created out of a derivative leasehold interest.

191Short title; commencement; extent.E+W

(1)This Act may be cited as the Law of Property Act, 1922.

(2) . . . F8

(3)This Act (including the repeals therein) shall not extend to Scotland or Ireland.

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Amendments (Textual)

Modifications etc. (not altering text)

C1Unreliable marginal note

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