The Law of Property Act 1925 (15 & 16 Geo. 5. c. 20) is an act of the Parliament of the United Kingdom. It forms part of an interrelated programme of legislation introduced by Lord Chancellor Lord Birkenhead between 1922 and 1925 that was intended to modernise the English law of real property. It is often referred to as the LPA 1925.
The act, as amended, provides the core of modern 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.
Background The keynote policy of the act was to reduce the number of legal estates to two – freehold and leasehold – and generally to make the transfer of interests in land easier for purchasers. Other policies were to regulate mortgages and as to leases, to regulate mainly their assignment, and to tackle some of the lacunae, ambiguities and shortcomings in the law of property. Innovations included the default creation of easements under section 62 to reduce unintended denial of access, and statutory enlargement under section 153 (applications to convert very long leasehold to freehold, where no rent has been paid or demanded for a long period of time).
The act followed 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:
Provisions
Councils can use the act to enforce a sale of a property.
Part I – General principles as to legal estates, equitable interests and powers Section 1 sets out the basic structure of the newly reformed legal estates—"an estate in fee simple absolute in possession" (commonly referred to as freehold), and "a term of years absolute" (leasehold). Old estates in land—fee tail and life interests—are converted by s.1 so as to "take effect as equitable interests". Section 3 sets out how these equitable interests have effect.
Part II – Contracts, conveyances and other instruments Section 70 of the 1925 Act should be considered in conjunction with schedules 1 and 3 when considering interests that override, most notably that to be in receipts of rents and profits is no longer an overriding interest.
Sections 78 and 79 concern covenants relating to land: section 78 relates to their benefit, and section 79 relates to the burdens or obligations which a covenant imposes on the covenantor, their successors in title and persons subsequently deriving title under them.
Section 84 of the act sets out the powers of an appointed authority to alter or remove restrictive covenants on property deeds. This power was later transferred to the Lands Tribunal by the Law of Property Act 1969, and subsequently to the Upper Tribunal by the Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009.
Part III – Mortgages, rentcharges, and powers of attorney
Part IV – Equitable interests and things in action Section 136 provides for written notice of an assignment of a debt or "thing in action" to a third party.Pease, I. (6 November 2006), "Your flexible friend", Property Law Journal, accessed 27 January 2021
Part V – Leases and tenancies Abolished the last legal statutes relating to copyhold, a successor to the feudal system of villeinage where a tenant was obligated to provide special duties and services to a mesne lord in return for manorial land.
Part VI – Powers
Part VII – Perpetuities and accumulations
Part VIII – Married women and lunatics Section 170 was repealed by the Mental Health Act 1959 (c. 72) Sch. 8 Pt. I.
Part IX – Voidable dispositions These sections govern fraud; s.172 was repealed (subject to non-application to then-pending bankruptcies) by the Insolvency Act 1985.
s.173 Every voluntary disposition of land (the main example is a gift) made with intent to defraud a later buyer is voidable at the instance of that buyer. And no such disposition shall be deemed to have been made with intent to defraud by reason only that a subsequent conveyance for valuable consideration was made, if such subsequent conveyance was made after 28 June 1893. s.174 No acquisition made in good faith, without fraud or unfair dealing, of any reversionary (landlord's or future) interest in real or personal property, for money or money's worth, shall be liable to be opened or set aside merely on the ground of under value. In this subsection "reversionary interest" includes an expectancy or possibility. This expressly does not affect the jurisdiction of the court to set aside or modify unconscionable bargains.
Part X – Wills and probate Section 176 says that any tenant in tail of full age can dispose of his entailed land in his will as if he was the absolute owner, unless another statute prevents him from doing so.
Part XI – Miscellaneous Section 184 states that in cases of simultaneous death (where there is no evidence as to who lived longer), the deaths will be assumed to have occurred in order of age, oldest first. Section 193 gave individuals access to approximately one third of the total area of common land. This includes large areas of the Lake District.
Repealed enactments Section 207 of the act repealed 42 enactments, listed in the seventh schedule to the act. CitationDescriptionExtent of repeal`27 Hen. 8. c. 10Statute of UsesThe Statute of UsesThe whole act.32 Hen. 8. c. 34Grantees of Reversions Act 1540Graunties of reversions.The whole act.13 Eliz. c. 5.Fraudulent Conveyances Act 1571An Acte against fraudulent deedes, giftes, alienations, &c.The whole act.27 Eliz. c. 4Fraudulent Conveyances Act 1584An Act against covenous and fraudulent conveyances.The whole act.29 Car. 2. c. 3Statute of FraudsThe Statute of FraudsSections one, two and three. In section four the words " or " upon any contract or sale " of lands, tenements or hereditaments or any interest in " or concerning them." Sections seven, eight, nine and twenty-four.4 Will. & Mar. c. 16Clandestine Mortgages Act 1692An Act to prevent frauds by clandestine mortgages.The whole act.4 & 5 Anne c. 3Administration of Justice Act 1705An Act for the amendment of the law and the better Advancement of Justice.Sections nine and ten.4 Geo. 2. c. 28Landlord and Tenant Act 1730The Landlord and Tenant Act, 1730.Section six.11 Geo. 2. c. 19.Distress for Rent Act 1737The Distress for Rent Act, 1737.Section eleven.39 & 40 Geo. 3. c. 98Accumulations Act 1800The Accumulations Act, 1800.The whole act.11 Geo. 4. & 1 Will. 4. c. 46Illusory Appointments Act 1830The Elusory Appointments Act, 1830.The whole act.3 & 4 Will. 4. c. 74Fines and Recoveries Act 1833The Fines and Recovery Act, 1833.Section thirty-two as respects settlements made or coming; into operation after the commencement of this Act.1 & 2 Vict. c. 110Judgments Act 1838The Judgments Act, 1838.Section thirteen.8 & 9 Vict. c. 106Real Property Act 1845The Real Property Act, 1845.Sections two, three, four, five, six, seven and nine.8 & 9 Vict. c 112Satisfied Terms Act 1845The Satisfied Terms Act, 1845.The whole act.12 & 13 Vict. c. 26Leases Act 1849The Leases Act, 1849The whole act.12 & 13 Vict. c. 110Lease Act 1849An Act for suspending until the first day of June one thousand eight hundred and fifty, the operation of an Act passed this Session intituled an Act for granting relief against defects in leases under powers of leasing in certain cases.The whole act.13 & 14 Vict. c. 17Leases Act 1850The Leases Act, 1850.The whole act.15 & 16 Vict. c. 76Common Law Procedure Act 1852The Common Law Procedure Act, 1852.Section two hundred and nine.17 & 18 Vict. c. 97Inclosure Act 1854The Inclosure Act, 1854.The proviso to section eleven, and in section thirteen the words " so far as the same has " been apportioned upon the " lands of persons interested " and making applications as " aforesaid. "18 & 19 Vict. c. 15The Judgments Act, 1855.In section eleven the words " nor " shall any such judgment, " decree, order, or rule, or the " money thereby secured be a " charge upon such lands tenements or hereditaments so " vested in purchasers or " mortgagees."22 & 23 Vict. c. 35Law of Property Amendment Act 1859The Law of Property Amendment Act, 1859.Sections one, two, three, ten, eleven, twelve, twenty-one and twenty-four.23 & 24 Vict. c. 38Law of Property Amendment Act 1860The Law of Property Amendment Act, 1860.Sections six and eight.31 & 32 Vict. c. 4Sales of Reversions Act 1867The Sales of Reversions Act, 1867.The whole act.31 & 32 Vict. c. 40Partition Act 1868The Partition Act, 1868.The whole act without prejudice to proceedings commenced thereunder before the commencement of this Act.34 & 35 Vict. c. 31Trade Union Act 1871The Trade Union Act, 1871.In section seven the words " not " exceeding one acre."36 & 37 Vict. c. 66Supreme Court of Judicature Act 1873The Supreme Court of Judicature Act, 1873.Subsections (3) to (7) of section twenty-five.37 & 38 Vict. c. 37Powers of Appointment Act 1874The Powers of Appointment Act, 1874.The whole act.37 & 38 Vict. c. 78Vendor and Purchaser Act 1874The Vendor and Purchaser Act, 1874.The whole act.39 & 40 Vict. c. 17Partition Act 1876The Partition Act, 1876.The whole act without prejudice to proceedings commenced thereunder before the commencement of this Act.44 & 45 Vict. c. 41Conveyancing Act 1881The Conveyancing Act, 1881.The whole act, except section thirty so far as it relates to deaths occurring before the commencement of this Act, and except sections forty-two and forty-three so far as those sections relate to instruments coming into operation before the commencement of this Act and except section two and except section forty-eight.45 & 46 Vict. c. 39Conveyancing Act 1882The Conveyancing Act, 1882.The whole act.55 & 56 Vict. c. 13Conveyancing and Law of Property Act 1892The Conveyancing and Law of Property Act, 1892.The whole act.55 & 56 Vict. c. 58Accumulations Act 1892The Accumulations Act, 1892.The whole act.56 & 57 Vict. c. 21Voluntary Conveyances Act 1893The Voluntary Conveyances Act, 1893.The whole act.56 & 57 Vict. c. 53Trustee Act 1893The Trustee Act, 1893Section forty-four.57 Vict. c. 10Trustee Act 1893, Amendment Act 1894The Trustee Act, 1893, Amendment Act, 1894.Section three.63 & 64 Vict. c. 26Land Charges Act 1900The Land Charges Act, 1900.Subsections (1) & (2) of section two.7 Edw. 7. c. 18Married Women's Property Act 1907The Married Women's Property Act, 1907.Section one.1 & 2 Geo. 5. c. 37Conveyancing Act 1911The Conveyancing Act, 1911.The whole act except sections eight and fourteen and except section twelve so far as it relates to deaths occurring before the commencement of this Act.12 & 13 Geo. 5. c. 16Law of Property Act 1922The Law of Property Act, 1922.The whole of Part I. except sections four and ten so far as they relate to settled land, section twelve, section thirteen so far as it relates to settled land, and sections fourteen, sixteen, twenty-six, and subsection (2) of section twenty-eight. The whole of Part III. except subsection (4) of section eighty-three; sections eighty-six and eighty-eight. Subsection (3) of section one hundred and thirteen. Subsection (5) of section one hundred and twenty-three. Subsection (10) of section one hundred and thirty-eight. Section one hundred and forty six. Section one hundred and fifty-two. Subsection (13) of section one hundred and fifty-six; Last paragraph of subsection (1) of section one hundred and fifty-eight. The First Schedule except as respects Part II. so far as it relates to settled land. The Second Schedule. The Third Schedule except so far as it relates to settled land. The Fourth Schedule. Sub-paragraph (3) of paragraph one of the Fifth Schedule. The Sixth Schedule except paragraphs one and three and sub-paragraphs (1), (3) and the first paragraph of sub-paragraph (4) of paragraph four and sub-paragraphs (2) and (3) of paragraph five. The Eighth Schedule. In the Ninth Schedule, forma Nos. 5, 6, 7 and 9, and No. 8, except so far as it relates to settled land.