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Law of Property (Amendment) Act 1924

1924 CHAPTER 5 15 and 16 Geo 5

An Act to amend the Law of Property Act, 1922, and the enactments thereby affected, and to facilitate the consolidation of the law relating to conveyancing and property, settled land, trustees, the registration of pending actions, annuities, writs, orders, deeds of arrangement and land charges, the administration of estates, the registration of title to land and university and college estates.

[18th December 1924]X1X2

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X1Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3

X2Unreliable margin note

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Amendments (Textual)

2 Amendments of the principal Act. X3E+W

The principal Act shall be amended, in regard to details relating to the enfranchisement of copyholds and the conversion of perpetually renewable leaseholds into long terms, in the manner appearing in the Second Schedule to this Act.

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X3 “The principal Act”means the Law of Property Act 1922 (c. 16)

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Amendments (Textual)

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Amendments (Textual)

9 Statutes affected by the principal Act.E+W

The enactments mentioned in the Ninth Schedule to this Act are affected by the principal Act in the manner and to the extent specified in that Schedule.

10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8E+W

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Amendments (Textual)

12X4†Short title, commencement, extent.E+W

(1)This Act may be cited as the Law of Property (Amendment) Act, 1924.

(2)This Act shall be construed as one with the principal Act, and that Act and this Act may be cited together as the Property Acts, 1922 and 1924.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

(4)This Act extends to England and Wales only.

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X4Unreliable margin note

Amendments (Textual)

F11F11FIRST SCHEDULEE+W

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Amendments (Textual)

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Section 2

SECOND SCHEDULEE+W Amendments of principal Act

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Amendments (Textual)

X52The following section shall be inserted after section one hundred and forty-four of the principal Act:—E+W

144A Manorial documents.

(1)All manorial documents shall be under the charge and superintendence of the Master of the Rolls.

(2)Save as hereinafter provided, manorial documents shall remain in the possession or under the control of the lord for the time being of the manor to which the same relate and he shall not be entitled to destroy or damage wilfully such documents.

(3)The Master of the Rolls may from time to time make such enquiries as he shall think fit for the purpose of ascertaining that any manorial documents are in the proper custody, and are being properly preserved, and the lord of the manor to which such documents relate, or the governing body of any public library, or museum or historical or antiquarian society, to which the same may have been transferred, as hereinafter provided, shall furnish the Master of the Rolls with all such information with respect thereto as he may require.

(4)The Master of the Rolls may direct that any manorial documents which, in his opinion, are not being properly preserved, or which he is requested by the lord of the manor to deal with under this subsection, shall be transferred to the Public Record Office, or to any public library, or museum or historical or antiquarian society, which may be willing to receive the same, and if the same shall be transferred to any public library, or museum or historical or antiquarian society, the governing body thereof shall thereafter have the custody thereof and shall be responsible for the proper preservation and indexing thereof.

(5)Nothing contained in this section shall prejudice or affect the right of any person to the production and delivery of copies of manorial documents or to have the same kept in a proper state of preservation; in particular the lord of the manor shall remain entitled to require the same to be produced to him, or in accordance with his directions, free of any cost.

(6)In this section “manorial documents” mean court rolls, surveys, maps, terriers, documents and books of every description relating to the boundaries, franchises, wastes, customs or courts of a manor, but do not include the deeds and other instruments required for evidencing the title to a manor; “manor” includes a lordship and a reputed lordship; and “lord of the manor” includes any person entitled to manorial documents.

(7)The Master of the Rolls may make rules for giving effect to this section, and may revoke or vary any such rules.

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Editorial Information

X5The text of Sch. 2 paras. 2 and 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

3, 4.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13E+W

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Amendments (Textual)

Amendments of Schedule XV. X6E+W

5The Fifteenth Schedule to the Principle Act is hereby amended as follows:—

(1)The words “cease or” shall be inserted after “notice shall” in the proviso to sub-paragraph (1)(i) of paragraph 10;

(2)In sub-paragraph (1) of paragraph 12 the words “an amount to be ascertained as hereinafter provided” shall be substituted for “the like amount as would have been payable if this Act had not been passed and the lease or underlease or all successive leases or underleases have been renewed in due course”;

(3)For sub-paragraph (2) of paragraph 12 the following sub-paragraph shall be substituted:—

(2)In default of agreement and unless the Minister, having regard to the practice and other circumstances of the case, otherwise directs, the following provisions shall have effect for the purpose of ascertaining the annual instalments of additional rent:—

(a)the additional rent shall be ascertained on the basis of the fines and other payments which would have been payable on the occasion of the first renewal after the commencement of this Act, if this Act had not been passed;

(b)where the lessee or underlessee has a right to renew at different times, the occasion of the first renewal shall be such date as he may, by notice in writing given to the lessor within one year after the commencement of this Act, select from among the dates at which he would have been entitled to renew his lease or underlease had it remained renewable, or, in default of such notice, the last day on which he would have been entitled to renew, regard being had to the date of the last renewal

(4)In sub-paragraph (3) of paragraph 12 the words “or in default” shall be substituted for “and in default”;

(5)In sub-paragraph (5) of paragraph 12 for the words from “dividing the aggregate” to the end of the paragraph, the following words shall be substituted:—

an actuary, regard being had to the interval or average interval occurring between the dates of renewal and to any circumstances affecting the amount payable on renewal;

(6)In sub-paragraph (6) of paragraph 12 the words “such per centage as the Minister may generally or in any particular instance with a view to maintaining any existing practice, prescribe” shall be substituted for the words “five per cent.”;

(7)At the end of sub-paragraph (1)(a) of paragraph 14 the words “or any part thereof” shall be inserted;

(8)In sub-paragraph (1) of paragraph 16, the words “or the appointment of or instructions to be given to an actuary under paragraph 12(5) of this Schedule” shall be inserted after “other agent”;

(9)At the end of sub-paragraph (3) of paragraph 16 the following words shall be inserted:—

For the purposes of this sub-paragraph the compensation to be given for the loss of the said right shall be regulated by the practice (if any) which obtained, before the commencement of this Act, in assessing the value of the said right, unless the Minister otherwise directs.

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Editorial Information

X6The text of Sch. 2 paras. 2 and 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

F14F14THIRD SCHEDULEE+W

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Amendments (Textual)

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F15F15FOURTH SCHEDULEE+W

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F16F16FIFTH SCHEDULEE+W

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F17F17SIXTH SCHEDULEE+W

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F18F18SEVENTH SCHEDULEE+W

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F19F19EIGHTH SCHEDULEE+W

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Amendments (Textual)

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NINTH SCHEDULEE+W

Enactments affected.How affected on the commencement of the principal Act.
1. The Inheritance Act, 1833, as amended by section nineteen of the Law of Property Amendment Act, 1859.1. Remains in force for the purpose (so far as applicable) of ascertaining the devolution of entailed interests as equitable interests, and of ascertaining the persons who are to take equitable interests as heirs by purchase, but in other respects ceases to apply (save in the case of a lunatic or defective provided for by the principal Act) on intestacies.
2. The Lands Clauses Acts and other statutes giving powers to make title in case of persons under disability.2. Take effect as if the references to the disabilities which have been removed had been omitted.
3. The Wills Act, 1837.3. Takes effect to enable equitable interests to be disposed of subject and without prejudice to the estate and powers of a personal representative.
4. The Fines and Recoveries Act, 1833, as amended.4. Remains in force in regard to dealings with entailed interests as equitable interests.
5. . . . F20 statutes prescribing the mode of effecting mortgages of land.5. Take effect as if the modes prescribed were by charge by way of legal mortgage or by demise or sub-demise, but without prejudice to any statutory power to effect mortgages by deposit of documents.
6. . . . F216. . . . F21
7. All statutory provisions requiring a remainder-man or reversioner to concur in a conveyance by a tenant for life or statutory owner of settled land.7. Are inoperative as respects the transfer or creation of a legal estate; a consent in writing by the remainder-man or reversioner shall be a sufficient compliance with the statutory provision.
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Amendments (Textual)

F22F22TENTH SCHEDULEE+W

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Amendments (Textual)

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F23F23ELEVENTH SCHEDULEE+W

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Amendments (Textual)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23

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