Podsumowanie
The Law of Property Act 1925 is the cornerstone statute of English land law. Part of the great 1925 property legislation, it reduced the number of legal estates to two (freehold and leasehold), introduced the distinction between legal and equitable interests, reformed co-ownership (establishing the trust of land mechanism), and set out rules on contracts for the sale of land, formalities, and the creation and transfer of legal estates and interests.
Kluczowe punkty
- Only two legal estates: fee simple absolute in possession (freehold) and term of years absolute (leasehold) (s.1(1))
- Only five types of legal interest: easements, rentcharges, charges by way of legal mortgage, rights of entry, and rights of re-entry (s.1(2))
- All other estates and interests take effect in equity (s.1(3))
- Contracts for the sale of land must be in writing and signed (s.2, now replaced by s.2 LP(MP)A 1989)
- Conveyances of legal estates must be by deed (s.52)
- Co-ownership: legal estate held on trust; no more than four legal owners (ss.34–36)
- Section 146: forfeiture of leases and tenant's right to relief
Części i sekcje
Historia nowelizacji
1989 — Law of Property (Miscellaneous Provisions) Act 1989
Section 2 replaced LPA 1925 s.40 with a requirement that contracts for the sale of land must be in writing, incorporate all terms, and be signed by both parties.
1996 — Trusts of Land and Appointment of Trustees Act 1996
Replaced the doctrine of conversion and the trust for sale with the trust of land, reforming the co-ownership provisions of the LPA 1925.