100 years of the Law of Property Act 1925
This year marks 100 years since the introduction of the Law of Property Act 1925. This piece of legislation continues to underpin property law in England and Wales today.
In 1925, Parliament wanted to create legislation which was modern and reflected how land is used and dealt with. A century on, the Law of Property Act 1925 is still relied upon by the legal profession.
What is the Law of Property Act 1925?
Although there are statutes governing property law, including Land Registration Act 2002, Land Charges Act 1972, Law of Property (Miscellaneous Provisions) Act 1989 and Landlord and Tenant Act 1985, it is the Law of Property Act 1925 (LPA 1925) which is the cornerstone of land and property transactions. The act forms the basis of all these subsequent pieces of legislation.
What did the LPA 1925 do?
The LPA 1925 was required to reflect how land was being used in the modern era. It brought together both statute and case law into one cohesive piece of legislation.
The LPA 1925 defines what is ‘Land’, from the physical aspects, including the ground below, buildings on and air above. It sets out the definitions of each, which are still referred to today, and used when interpreting case law. For example, finding treasure in a field isn’t ‘finders keepers’ , but it belongs to the true owner of the land itself.
More recently, with the increase in use of unmanned aircrafts, such as drones, legislation for their use had to consider the definition of land in the LPA 1925. For example, how much of the area above your land can drones fly within?
The Act also solidified the ways land can be held, known as the doctrine of estates. This is the nature and extent of holding the land that we are familiar with (Freehold and Leasehold). It also sets out the five legal interests in land: Freehold, Leasehold, Easements, Mortgages and Covenants.
The Law of Property Act 1925 also set out:
- the basis for trusts and disposing of any (now since adapted/amended by Trusts of Land and Appointment of Trustees Act 1996).
- Conditions of Sale and contract provisions
- Descriptions of deeds and conveyances
What is the Law of Property Act 1925 legal mortgage?
One of the five legal interests is a charge by way of a legal mortgage. Although the terms charge and mortgage are used interchangeably, one of the ways you can create a charge is by a legal mortgage, which is defined within the LPA 1925.
It is the LPA 1925 which states how a charge can be created, dealt with and redeemed.
What is the Law of Property Act 1925 easement?
Another of the five legal interests is an easement. This includes where one owner has a right over a neighbouring piece of land, for example a right of access, right of way, right to use underground cables etc.
As for mortgages, the LPA 1925 sets out the basis for how these are created and that which case law referred to.
What is the significance of the act?
The Law of Property Act 1925 was the basis for all property law that followed. Much of the legislation is still in use today, replied upon by legal professionals and studied by current law students.
It sets out clearly the estates and interests and dealings of land and it is testament to its drafting that 100 years on, it is still in force today.
Contact Us
If you require advice or assistance with any aspect of property law, including matters arising under the Law of Property Act 1925, please do not hesitate to contact Crane & Staples. Our experienced team is here to provide clear, practical guidance tailored to your individual circumstances.