What is the 1925 legislation?

The Act deals principally with the transfer of freehold or leasehold land by deed. The LPA 1925, as amended, provides the core of English land law, particularly as regards many aspects of freehold land which is itself an important consideration in all other types of interest in land.

What is Section 121 of the Law of Property Act 1925?

Section 121 of the Law of Property Act 1925 (LPA 1925) allows a rentcharge owner to grant a long lease of the property affected to trustees for the purpose of raising income to recover arrears, plus any costs occasioned by non-payment of the rent charge and also in relation to the granting of the rentcharge lease.

What does section 53 1 )( b of the Law of Property Act 1925 require?

Section 53(1)(b) of the Law of Property Act 1925 requires the person able to declare the trust to sign the document(s). The requirement here is that the settlor must endorse the document containing the terms of the trust.

What is the legal definition of property in the UK?

In English law, property is either realty, which comprises freehold land, or personalty, which comprises everything else, including leasehold land and land held on trust for sale; pure personalty is the term used to denote chattels and other forms of personal property having no connection with land.

Why was the LPA 1925 introduced?

The main object of the 1925 legislation was, therefore, to “facilitate and cheapen the transfer of land”. Of these statutes, the LPA 1925 primarily consolidates and reforms statutory law relating to conveyancing and the law of property, and is regarded as an “essential part of any conveyancer’s bible”.

What is the purpose of the Land Registration Act 1925?

The Land Registration Act 1925 (LRA) was an act of Parliament in the United Kingdom that codified, prioritised and extended the system of land registration in England and Wales. It has largely been repealed, and updated in the Land Registration Act 2002.

What is an estate rentcharge?

An estate rentcharge is a historic mechanism of the late 19th century employed by estate owners to make it financially possible to meet the increasing housing need and collect rents for the upkeep of their land.

What is a statutory rentcharge?

A rentcharge is essentially an annual or other periodic sum paid by the owner of land or property to another person who has no other legal interest in the land or property.

What does section 184 of the Law of Property Act 1925 relate to?

Section 184 of the Law of Property Act 1925 states that if two or more people die in circumstances where it is not possible to determine who died first, the younger is deemed to survive the elder. In a rare case the High Court has been asked to adjudicate on this this legal presumption.

What does s 53 1 )( c Law of Property Act 1925 deal with?

(c)a disposition of an equitable interest or trust subsisting at the time of the disposition, must be in writing signed by the person disposing of the same, or by his agent thereunto lawfully authorised in writing or by will.

In which section of the LPA 1925 is land defined?

Under s205 (1) (ix) Law of Property Act (LPA)1925 land is defined as including all corporeal and incorporeal hereditaments.

Which section of the Law of Property Act 1925 explains the meaning of constructive notice?

s.199(1)(ii)
Constructive notice is set out in s. 199(1)(ii) Law of Property Act 1925 which provides that a purchaser will be fixed with notice if “it is within his own knowledge or would have come to his knowledge if such inquiries and inspections had been made as ought reasonably to have been made by him.”

Is the law of Property Act 1925 section 105 up to date?

For further information see the Editorial Practice Guide and Glossary under Help. Law of Property Act 1925, Section 105 is up to date with all changes known to be in force on or before 10 October 2021. There are changes that may be brought into force at a future date.

What is the abbreviation for law of Property Act 1925?

Because this guide is all about the Law of Property Act 1925, hereinafter it will be abbreviated to the LPA. In the event that subsequent Law of Property Acts are mentioned, they will be named fully and given their year, e.g. the Law of Property (Miscellaneous Provisions) Act 1989.

What is an estate under the LPA?

In the LPA, a good example of such estates are those leases which are granted for a term of not more than three years (s.54 (2)). The LPA provides a set of key definitions in s.205

What does the LPA mean for the law of equity?

Despite the aforementioned concern in English land law with maintaining consistent adherence to formality, the LPA does incorporate a recognition of the need for equity to sometimes go beyond formalities and to therefore make certain trusts enforceable even if they do not comply with the typical formalities requirements.