Law of Property Act 1925
Encyclopedia
The Law of Property Act 1925 (c 20) is a statute
of the United Kingdom Parliament. It forms part of an interrelated programme of legisation introduced by Lord Chancellor
Lord Birkenhead
between 1922 and 1925. The programme was intended to modernise the English law of real property
. The Act deals principally with the transfer of property by lease
and deed
.
As of 2010 the Act still provides the core of English land law.
to two and generally to make the transfer of interests in land easier for purchasers.
The Act followed on from a series of land law and policy reforms that had been begun by the Liberal government
starting in 1906. This is how one American legal scholar, Morris Raphael Cohen
, described it.
.
by Dorothy L. Sayers
, its passage in Parliament providing the motive for the seemingly motiveless murder which Lord Peter Wimsey
must solve. As it is eventually discovered, a young woman who stood to inherit great fortune from her great-aunt under the previous law - where property was to be inherited by any "next of kin", however remote - stood a risk of being disinherited under the provisions of the 1925 act. Therefore, she murdered the great-aunt, in order to make sure that her death will happen while the old law was still in force and before the new Property Act came into force on January 1, 1926. The book includes several chapters in which lawyers discuss the Property Act and its implications at great length.
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
of the United Kingdom Parliament. It forms part of an interrelated programme of legisation introduced by Lord Chancellor
Lord Chancellor
The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...
Lord Birkenhead
F. E. Smith, 1st Earl of Birkenhead
Frederick Edwin Smith, 1st Earl of Birkenhead GCSI, PC, KC , best known to history as F. E. Smith , was a British Conservative statesman and lawyer of the early 20th century. He was a skilled orator, noted for his staunch opposition to Irish nationalism, his wit, pugnacious views, and hard living...
between 1922 and 1925. The programme was intended to modernise the English law of real property
Real property
In English Common Law, real property, real estate, realty, or immovable property is any subset of land that has been legally defined and the improvements to it made by human efforts: any buildings, machinery, wells, dams, ponds, mines, canals, roads, various property rights, and so forth...
. The Act deals principally with the transfer of property by lease
Lease
A lease is a contractual arrangement calling for the lessee to pay the lessor for use of an asset. A rental agreement is a lease in which the asset is tangible property...
and deed
Deed
A deed is any legal instrument in writing which passes, or affirms or confirms something which passes, an interest, right, or property and that is signed, attested, delivered, and in some jurisdictions sealed...
.
As of 2010 the Act still provides the core of English land law.
Background
The policy of the act was to reduce the number of legal estatesEstate in land
An estate in land is an interest in real property that is or may become possessory.This should be distinguished from an "estate" as used in reference to an area of land, and "estate" as used to refer to property in general....
to two and generally to make the transfer of interests in land easier for purchasers.
The Act followed on from a series of land law and policy reforms that had been begun by the Liberal government
United Kingdom general election, 1906
-Seats summary:-See also:*MPs elected in the United Kingdom general election, 1906*The Parliamentary Franchise in the United Kingdom 1885-1918-External links:***-References:*F. W. S. Craig, British Electoral Facts: 1832-1987**...
starting in 1906. This is how one American legal scholar, Morris Raphael Cohen
Morris Raphael Cohen
Morris Raphael Cohen was an American philosopher, lawyer and legal scholar who united pragmatism with logical positivism and linguistic analysis. He was father to Felix S. Cohen....
, described it.
That which was hidden from MaitlandFrederic William MaitlandFrederic William Maitland was an English jurist and historian, generally regarded as the modern father of English legal history.-Biography:...
, Joshua Williams, and the other great ones, was revealed to a Welsh solicitorDavid Lloyd GeorgeDavid Lloyd George, 1st Earl Lloyd-George of Dwyfor OM, PC was a British Liberal politician and statesman...
who in the budget of 1910 proposed to tax the landLand value taxA land value tax is a levy on the unimproved value of land. It is an ad valorem tax on land that disregards the value of buildings, personal property and other improvements...
so as to force it on the market. The radically revolutionary character of this proposal was at once recognized in England. It was bitterly fought by all those who treasured what had remained of the old English aristocratic rule. When this budget finally passed, the basis of the old real property law and the effective power of the House of Lords was gone. The legislation of 1925-26 was thus a final completion in the realm of private lawPrivate lawPrivate law is that part of a civil law legal system which is part of the jus commune that involves relationships between individuals, such as the law of contracts or torts, as it is called in the common law, and the law of obligations as it is called in civilian legal systems...
of the revolution that was fought in 1910 in the forum of public lawPublic lawPublic law is a theory of law governing the relationship between individuals and the state. Under this theory, constitutional law, administrative law and criminal law are sub-divisions of public law...
, i.e., in the field of taxation and the power of the House of Lords.
Part II - Contracts, Conveyances and other Instruments
Section 70 of the 1925 Act should considered in conjunction with schedules 1 & 3 when considering interests that override, most notably that to be in receipts of rents and profits is no longer an overriding interest.Amendments
Changes have taken place since the commencement of the Land Registration Act 2002Land Registration Act 2002
The Land Registration Act 2002 is an Act of the Parliament of the United Kingdom which repealed and replaced previous legislation governing land registration, in particular the Land Registration Act 1925, which governed an earlier, though similar, system...
.
In Fiction
The Property Act has a major part in the background to the 1927 mystery novel Unnatural DeathUnnatural Death
Unnatural Death is a 1927 mystery novel by Dorothy L. Sayers, her third featuring Lord Peter Wimsey. It has also been published in the United States as The Dawson Pedigree.-Plot introduction:...
by Dorothy L. Sayers
Dorothy L. Sayers
Dorothy Leigh Sayers was a renowned English crime writer, poet, playwright, essayist, translator and Christian humanist. She was also a student of classical and modern languages...
, its passage in Parliament providing the motive for the seemingly motiveless murder which Lord Peter Wimsey
Lord Peter Wimsey
Lord Peter Death Bredon Wimsey is a bon vivant amateur sleuth in a series of detective novels and short stories by Dorothy L. Sayers, in which he solves mysteries; usually, but not always, murders...
must solve. As it is eventually discovered, a young woman who stood to inherit great fortune from her great-aunt under the previous law - where property was to be inherited by any "next of kin", however remote - stood a risk of being disinherited under the provisions of the 1925 act. Therefore, she murdered the great-aunt, in order to make sure that her death will happen while the old law was still in force and before the new Property Act came into force on January 1, 1926. The book includes several chapters in which lawyers discuss the Property Act and its implications at great length.
See also
- English property lawEnglish property lawEnglish property law refers to the law of acquisition, sharing and protection of wealth in England and Wales. Property law can refer to many things, and covers many areas. Property in land is the domain of the law of real property. The law of personal property is particularly important for...
- English trusts lawEnglish trusts lawEnglish trusts law is the original and foundational law of trusts in the world, and a unique contribution of English law to the legal system. Trusts are part of the law of property, and arise where one person gives assets English trusts law is the original and foundational law of trusts in the...
- Land Registration Act 1925Land Registration Act 1925The Land Registration Act 1925 was a act of Parliament in the United Kingdom that codified and extended the system of land registration in England and Wales...
- Land Registration Act 2002Land Registration Act 2002The Land Registration Act 2002 is an Act of the Parliament of the United Kingdom which repealed and replaced previous legislation governing land registration, in particular the Land Registration Act 1925, which governed an earlier, though similar, system...