Law of Property Act 1925

PART IGeneral Principles as to Legal Estates, Equitable Interests and Powers.

1Legal estates and equitable interests.

2Conveyances overreaching certain equitable interests and powers.

3Manner of giving effect to equitable interests and powers.

4Creation and disposition of equitable interests.

5Satisfied terms, whether created out of freehold or leasehold land to cease.

6Saving of lessor's and lessee's covenants.

7Saving of certain legal estates and statutory powers.

8Saving of certain legal powers to lease.

9Vesting orders and dispositions of legal estates operating as conveyances by an estate owner.

10Title to be shown to legal estates.

11Registration in Middlesex and Yorkshire as respects legal estates.

12Limitation and Prescription Acts.

13Effect of possession of documents.

14Interests of persons in possession.

15Presumption that parties are of full age.

16Liability for death duties.

17Protection of purchasers from liability for death duties.

18Application of capital money in discharge of death duties.

Infants and Lunatics.

19Effect of conveyances of legal estates to infants.

20Infants not to be appointed trustees.

21Receipts by married infants.

22Conveyances on behalf of lunatics and defectives and as to land held by them on trust for sale.

Dispositions on Trust for Sale.

23Duration of trusts for sale.

24Appointment of trustees of dispositions on trust for sale.

25Power to postpone sale.

26Consents to the execution of a trust for sale.

27Purchaser 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.

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

29Delegation of powers of management by trustees for sale.

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

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

32Implied trust for sale in personalty settlements.

33Application of Part I. to personal representatives.

Undivided Shares and Joint Ownership.

34Effect of future dispositions to tenants in common.

35Meaning of " the statutory trusts.".

36Joint tenancies.

37Rights of husband and wife.

38Party structures.

Transitional Provisions.

39Transitional provisions in First Schedule.

PART IIContracts, Conveyances and other Instruments.

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

41Stipulations not of the essence of a contract.

42Provisions as to contracts.

43Rights protected by registration.

44Statutory commencements of title.

45Other statutory conditions of sale.

46Forms of contracts and conditions of sale.

47Application of insurance money on completion of a sale or exchange.

48Stipulations preventing a purchaser, lessee or underlessee from employing his own solicitor to be void.

49Applications to the court by vendor and purchaser.

50Discharge of incumbrances by the court on sales or exchanges.

Conveyances and other Instruments.

51Lands lie in grant only.

52Conveyances to be by deed.

53Instruments required to be in writing.

54Creation of interests in land by parol.

55Savings in regard to last two sections.

56Persons taking who are not parties and as to indentures.

57Description of deeds.

58Provisions as to supplemental instruments.

59Conditions and certain covenants not implied.

60Abolition of technicalities in regard to conveyances and deeds.

61Construction of expressions used in deeds and other instruments.

62General words implied in conveyances.

63All estate clause implied.

64Production and safe custody of documents.

65Reservation of legal estates.

66Confirmation of past transactions.

67Receipt in deed sufficient.

68Receipt in deed or indorsed evidence.

69Receipt in deed or indorsed authority for payment to solicitor.

70Partial release of security from rentcharge.

71Release of part of land affected from a judgment.

72Conveyances by a person to himself, &c.

73Execution of deeds by an individual.

74Execution of instruments by or on behalf of corporations.

75Rights of purchaser as to execution.

76Covenants for title.

77Implied covenants in conveyances subject to rents.

78Benefit of covenants relating to land.

79Burden of covenants relating to land.

80Covenants binding land.

81Effect of covenant with two or more jointly.

82Covenants and agreements entered into by a person with himself and another or others.

83Construction of implied covenants.

84Power to discharge or modify restrictive covenants affecting land.

PART IIIMortgages, Rentcharges, and Powers of Attorney.

85Mode of mortgaging freeholds.

86Mode of mortgaging leaseholds.

87Charges by way of legal mortgage.

88Realisation of freehold mortgages.

89Realisation of leasehold mortgages.

90Realisation of equitable charges by the court.

91Sale of mortgaged property in action for redemption or foreclosure.

92Power to authorise land and minerals to be dealt with separately.

93Restriction on consolidation of mortgages.

94Tacking and further advances.

95Obligation to transfer instead of reconveying and as to right to take possession.

96Regulations respecting inspection, production and delivery of documents, and priorities.

97Priorities as between puisne mortgages.

98Actions for possession by mortgagors.

99Leasing powers of mortgagor and mortgagee in possession.

100Powers of mortgagor and mortgagee in possession to accept surrenders of leases.

101Powers incident to estate or interest of a mortgagee.

102Provision as to mortgages of undivided shares in land.

103Regulation of exercise of power of sale.

104Conveyance on sale.

105Application of proceeds of sale.

106Provisions as to exercise of power of sale.

107Mortgagee's receipts, discharges, &c.

108Amount and application of insurance money.

109Appointment, powers, remuneration and duties of receiver.

110Effect of bankruptcy of the mortgagor on the power to sell or appoint a receiver.

111Effect of advance on joint account.

112Notice of trusts on transfer of mortgage.

113Notice of trusts affecting mortgage debts.

114Transfers of mortgages.

115Reconveyances of mortgages by endorsed receipts.

116Cesser of mortgage terms.

117Forms of statutory legal charges.

118Forms of statutory transfers of legal charges.

119Implied covenants, joint and several.

120Form of discharge of statutory mortgage or charge.

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

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

Powers of Attorney.

123Execution under power of attorney.

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

125Powers of attorney relating to land to be filed.

126Effect of irrevocable power of attorney for value.

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

128Devolution of power of attorney given to a purchaser.

129Power of attorney granted by married woman.

PART IVEquitable Interests and things in Action.

130Creation of entailed interests in real and personal property.

131Abolition of the rule in Shelley's case.

132As to heirs taking by purchase.

133Abolition of enrolment of disentailing assurances, &c.

134Restriction on executory limitations.

135Equitable waste.

136Legal assignments of things in action.

137Dealings with life interests, reversions and other equitable interests.

138Power to nominate a trust corporation to receive notices.

PART VLeases and Tenancies.

139Effect of extinguishment of reversion.

140Apportionment of conditions on severance.

141Rent and benefit of lessee's covenants to run with the reversion.

142Obligation of lessor's covenants to run with reversion.

143Effect of licences granted to lessees.

144No fine to be exacted for licence to assign.

145Lessee to give notice of ejectment to lessor.

146Restrictions on and relief against forfeiture of leases and underleases.

147Relief against notice to effect decorative repairs.

148Waiver of a covenant in a lease.

149Abolition of interesse termini, and as to reversionary leases and leases for lives.

150Surrender of a lease, without prejudice to underleases with a view to the grant of a new lease.

151Provision as to attornments by tenants.

152Leases invalidated by reason of non-compliance with terms of powers under which they are granted.

153Enlargement of residue of long terms into fee simple estates.

154Application of Part V. to existing leases.

155Release of powers simply collateral.

156Disclaimer of powers.

157Protection of purchasers claiming under certain void appointments.

158Validation of appointments where objects are excluded or take illusory shares.

159Execution of powers not testamentary.

160Application of Part VI. to existing powers.

PART VIIPerpetuities and Accumulations.

161Abolition of the double possibility rule.

162Restrictions on the perpetuity rule.

163Validation of certain gifts void for remoteness.

164General restrictions on accumulation of income.

165Qualification of restrictions on accumulation.

166Restriction on accumulation for the purchase of land.

PART VIIIMarried Women and Lunatics.

167Abolition of acknowledgments by married women.

168Disclaimer by married woman.

169Power for court to bind interest of married woman.

170Acquisitions and dispositions of trust estates by married women.

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

PART IXVoidable Dispositions.

172Voluntary conveyances to defraud creditors voidable.

173Voluntary disposition of land, how far voidable as against purchasers.

174Acquisitions of reversions at an under value.

175Contingent and future testamentary gifts to carry the intermediate income.

176Power for tenant in tail in possession to dispose of property by specific devise or bequest.

177Wills in contemplation of marriage.

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

179Prescribed forms for reference in wills.

PART XIMiscellaneous.

180Provisions as to corporations.

181Dissolution of a corporation.

182Protection of solicitor and trustees adopting Act.

183Fraudulent concealment of documents and falsification of pedigrees.

184Presumption of survivorship in regard to claims to property.

186Rights of pre-emption capable of release.

187Legal easements.

188Power to direct division of chattels.

189Indemnities against rents.

Redemption and Apportionment of Rents, &c.

190Equitable apportionment of rents and remedies for nonpayment or breach of covenant.

191Redemption and apportionment of rents.

192Apportionment of charges payable for redemption of tithe rentcharge.

Commons and Waste Lands.

193Rights of the public over commons and waste lands.

194Restrictions on inclosure of commons.

Judgments, &c. affecting Land.

195Equitable charges in right of judgment debt, &c.

196Regulations respecting notices.

197Notice of memorials registered in Middlesex and Yorkshire.

198Registration under the Land Charges Act, 1925, to be notice.

199Restrictions on constructive notice.

200Notice of restrictive covenants and easements.

PART XIIConstruction, Jurisdiction, and General Provisions.

201Provisions of Act to apply to incorporeal hereditaments.

202Provisions as to enfranchisement of copyholds, &c.

203Payment into court, jurisdiction and procedure.

204Orders of court conclusive.

205General definitions.

206Forms of instruments and examples of abstracts.

207Repeals as respects England and Wales.

208Application to the Crown.

209Short title, commencement, extent.

FIRST SCHEDULETransitional Provisions.

PART IConversion of certain existing Legal Estates into Equitable Interests.

PART IIVesting of Legal Estates.

1Where the purposes of a term of years, created or...

2Where immediately after the commencement of this Act any owner...

3Where immediately after the commencement of this Act any person...

4Any person who, immediately after the commencement of this Act,...

5For the purposes of this Part of this Schedule, a...

6Under the provisions of this Part of this Schedule, the...

7Nothing in this Part of this Schedule shall operate—

8Any legal estate acquired by virtue of this Part of...

9No stamp duty shall become payable by reason only of...

PART IIIProvisions as to Legal Estate vested in Infant.

1Where immediately before the commencement of this Act a legal...

2Where immediately before the commencement of this Act a legal...

3Where, immediately before the commencement of this Act, a legal...

4Where, immediately before the commencement of this Act, a legal...

5This Part of this Schedule does not affect the estate...

PART IVProvisions subjecting Land held in Undivided Shares to a Trust for Sale.

1Where, immediately before the commencement of this Act, land is...

2Where undivided shares in land, created before the commencement of...

3This Part of this Schedule shall not save as hereinafter...

PART VProvisions as to Party Structures and Open Spaces.

1Where, immediately before the commencement of this Act, a party...

2Where, immediately before the commencement of this Act, an open...

3Any person interested may apply to the court for an...

PART VIConversion of Tenancies by entireties into Joint Tenancies.

PART VIIConversion of existing Freehold Mortgages into Mortgages by Demise.

1All land, which immediately before the commencement of this Act,...

2All land, which immediately before the commencement of this Act,...

3The estate in fee simple which, immediately before the commencement...

4If a sub-mortgage by conveyance of the fee simple is...

5This Part of this Schedule applies to land enfranchised by...

6A mortgage affecting a legal estate made before the commencement...

7Nothing in this Part of this Schedule shall affect priorities...

8This Part of this Schedule does not apply unless a...

PART VIIIConversion op existing Leasehold Mortgages into Mortgages by subdemise.

1All leasehold land, which immediately before the commencement of this...

2All leasehold land, which immediately before the commencement of this...

3The term of years absolute which was assigned by any...

4If a sub-mortgage by assignment of a term is subsisting...

5A mortgage affecting a legal estate made before the commencement...

6This Part of this Schedule applies to perpetually renewable leaseholds,...

7This Part of this Schedule Applies (save where expressly excepted)...

8Nothing in this Part of this Schedule shall affect priorities...

SECOND SCHEDULEImplied Covenants.

PART ICovenant implied in a Conveyance for valuable Consideration, other than a mortgage, by a person who conveys and is expressed to convey as beneficial owner.

PART IIFurther Covenant implied in a Conveyance op Leasehold Property for valuable Consideration, other than a Mortgage, by a Person who Conveys and is expressed to Convey as Beneficial Owner.

PART IIICovenant implied in a Conveyance by way of Mortgage by a Person who Conveys and is expressed to Convey as Beneficial Owner.

PART IVCovenant implied in a Conveyance by way of Mortgage of Freehold Property subject to a Rent or of Leasehold Property by a Person who Conveys and is expressed to convey as beneficial owner.

PART VCovenant implied in a Conveyance by way of Settlement, by a Person who Conveys and is expressed to Convey as Settlor.

PART VICovenant implied in any Conveyance, by every Person who Conveys and is expressed to Convey as Trustee or Mortgagee, or as Personal Representative of a Deceased Person, or as Committee of a Lunatic or as a Receiver of a Defective or under an Order of the Court.

PART VIICovenant implied in a Conveyance for valuable consideration, other than a mortgage, of the entirety of LAND affected by a Rentcharge.

PART VIIICovenants implied in a conveyance for valuable consideration, other than a mortgage, of part of land affected by a rentcharge, subject to a part (not legally apportioned) of that rentcharge.

iThat the grantees, or the persons deriving title under them,...

iiThat the conveying parties, or the persons deriving title under...

PART IXCovenant 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 XCovenants implied in a Conveyance for Valuable Consideration, other than a mortgage, of 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.

iThat the assignees, or the persons deriving title under them,...

iiThat the conveying parties, or the persons deriving title under...

THIRD SCHEDULEForms of Transfer and Discharge of Mortgages.

FOURTH SCHEDULEForms relating to Statutory Charges or Mortgages of Freehold or Leasehold Land.

FIFTH SCHEDULEForms of Instruments.

SIXTH SCHEDULEEpitomes of Abstracts of Title.

SPECIMEN No. 1OF THE TITLE OF JOHN WILLIAMS TO BLACKACRE.WHERE THE TITLE COMMENCES BEFORE THE COMMENCEMENT OF THIS ACT.

10th June 1897.

1st August 1898.

20th August 1899.

2nd September 1915.

1st January 1926.

20th January 1926.

2nd February 1926.

3rd February 1926.

4th February 1926.

6th March 1926.

2nd April 1926.

1st December 1926.

2nd January 1927.

3rd January 1927.

6th February 1927.

20th March 1927.

8th August 1927.

12th November 1927.

20th December 1927.

10th June 1928.

12th January 1929.

10th August 1929.

15th June 1930.

16th June 1930.

SPECIMEN No. 2OF THE TITLE OF THE TRUSTEES OF FRANK SMITHERS TO GREENACRE.RELATING TO UNDIVIDED SHARES.

2nd January 1910.

4th February 1910.

1st March 1910.

3rd April 1910.

4th December 1910.

5th January 1911.

15th April 1911.

20th June 1913.

4th August 1913.

30th July 1918.

1st January 1926.

1st December 1927.

20th April 1928.

14th July 1928.

16th March 1930.

12th June 1930.

25th July 1930.

7th January 1931.

8th January 1931.

9th January 1932.

23rd June 1933.

SPECIMEN No. 3OF THE TITLE OF R. HORNE TO WHITEACRE.WHERE THE TITLE COMMENCES AFTER THE COMIENCEMENT OF THIS ACT.

4th September 1926.

7th January 1927.

3rd September 1927.

4th April 1928.

1st October 1928.

2nd December 1928.

4th November 1929.

10th July 1930.

1st October 1930.

3rd November 1930.

4th November 1930.

10th November 1930.

20th November 1930.

Same date. 20th November 1930.

10th June 1931.

SPECIMEN No. 4OF THE TITLE OF THE ADMINISTRATORS OF M. CURTIS TO RICH AND MIDDLE FARMS.RELATING TO INFANTS.

2nd January 1922.

4th February 1922.

15th December 1922.

1st January 1926.

4th January 1926.

29th September 1926.

12th October 1927.

10th November 1927.

1st February 1928.

3rd April 1928.

5th September 1928.

SPECIMEN No. 5OF THE TITLE OF GEORGE SMITH TO HOUSES IN JOHN STREET.RELATING TO LEASEHOLD PROPERTY.

25th March 1921.

26th March 1921.

24th December 1924.

1st January 1926.

20th July 1926.

SEVENTH SCHEDULEEnactments repealed.

Royal arms

Law of Property Act 1925

1925 CHAPTER 20

An Act to consolidate the enactments relating to Conveyancing and the Law of Property in England and Wales.

[9th April 1925]

Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—