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Law of Property Act 1925

Status:

This is the original version (as it was originally enacted).

  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 lessor's and lessee's 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.Liability for death duties

      2. 17.Protection of purchasers from liability for death duties

      3. 18.Application of capital money in discharge of death duties

    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 lunatics and defectives and as to land held by them on trust for sale

    18. Dispositions on Trust for Sale

      1. 23.Duration of trusts for sale

      2. 24.Appointment of trustees of dispositions on trust for sale

      3. 25.Power to postpone sale

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

      5. 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

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

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

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

      9. 31.Trust for sale of mortgaged property where right of redemption is barred

      10. 32.Implied trust for sale in personalty settlements

      11. 33.Application of Part I. to personal representatives

    19. 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

    20. Transitional Provisions

      1. 39.Transitional provisions in First Schedule

  3. Part II Contracts, Conveyances and other Instruments

    1. Contracts

      1. 40.Contracts for sale, &c, of land to be in writing

      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.Execution of deeds by an individual

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

      25. 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 reconveying 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 a 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. 121.Remedies for the recovery of annual sums charged on land

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

    3. Powers of Attorney

      1. 123.Execution under power of attorney

      2. 124.Payment by attorney under power without notice of death, &c

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

      4. 126.Effect of irrevocable power of attorney for value

      5. 127.Effect of power of attorney irrevocable for a fixed time

      6. 128.Devolution of power of attorney given to a purchaser

      7. 129.Power of attorney granted by married woman

  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.Abolition of enrolment of disentailing assurances, &c

    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 powers

    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.Validation of certain gifts void for remoteness

    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. Married Women

      1. 167.Abolition of acknowledgments by married women

      2. 168.Disclaimer by married woman

      3. 169.Power for court to bind interest of married woman

      4. 170.Acquisitions and dispositions of trust estates by married women

    2. Lunatics

      1. 171.Power for court to settle the beneficial interests of a lunatic or defective

  10. Part IX Voidable Dispositions

    1. 172.Voluntary conveyances to defraud creditors voidable

    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.Wills in contemplation of marriage

    4. 178.Power for persons having no issue to dispose of real estate by will

    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 nonpayment or breach of covenant

      2. 191.Redemption and apportionment of rents

      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, extent

    1. First Schedule

      Transitional Provisions

    2. Second Schedule

      Implied Covenants

    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

      Enactments repealed

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