Law of Property Act 1922

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, . . . F3 and 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

Textual Amendments

F1 Words in s. 188(1) repealed (1.1.1997) by 1996 c. 47, s. 25(2), Sch. 4 (with s. 24(2), 25(4)(5); S.I. 1996/2974, art. 2

F2 Ss. 43(4)–(7), 128–136, 138–143, 188(2)–(5)(7)(8)(10)–(18)(20)–(22)(24)–(29)(32), 189 and Schs. 12–14 repealed by Statute Law (Repeals) Act 1969 (c. 52), Sch.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

F3 Words repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. II

F4 S. 188(19) repealed by Mental Health Act 1959 (c. 72), Sch. 8, Pt. I

F5 S. 188(30) repealed (1.1.1997) by 1996 c. 47, s. 25(2), Sch. 4 (with ss. 24(2), 25(4)(5)); S.I. 1996/2974, art. 2

F6 S. 188(31) repealed (27.3.2002) by S.I. 2002/794, art. 5(2), Sch. 2 (with arts. 5(3), 6)