LAND LAW STATUTES
1. Law of Property Act 1925 – s205 General Definitions I (ix):
“Land” includes land of any tenure, and mines and minerals, whether or not held apart from the surface,
buildings or parts of buildings (whether the division is horizontal, vertical or made in any other way) and
other corporeal hereditaments; also a manor, an advowson, and a rent and other incorporeal
hereditaments, and an easement, right, privilege, or benefit in, over, or derived from land; F3. . . and
“mines and minerals” include any strata or seam of minerals or substances in or under any land, and
powers of working and getting the same F3. . .;
2. Law of Property Act (LPA) 1925 Section 1 (1)
Legal estates and equitable interests.
(1) The only estates in land which are capable of subsisting (υφίστανται) or of being conveyed
(μεταφέρονται) or created at law are
(a) An estate in fee simple absolute in possession; it can continue indefinitely: FREEHOLD
ESTATE
(b) A term of years absolute. only exist for a period of time: LEASEHOLD ESTATE
= two estates: freehold and leasehold
3. Law of Property Act, 1925, Section 1 (2)
(2) The only interests or charges in or over land which are capable of subsisting or of being conveyed or
created at law are –
(a) An easement, right, or privilege in or over land …: right of way
(b) A rentcharge in possession …: a sum of money paid by an individual with a freehold estate to
another individual who may not have an interest in the land
(c) A charge by way of legal mortgage …
(d) Rights of entry ...: = permission to go into someone’s property.
= six interests that are capable of existing at law
4. Law of Property Act (LPA) 1925, Section 1 (3)
(3) All other estates, interests, and charges in or over land take effect as equitable interests.: whatever is
not listed in section 1(1) or 1(2), is not capable of being legal and it must be an equitable interest.
= everything else may exist in equity
5. Law of Property Act (LPA) 1925, Section 52
Conveyances to be by deed.
(1) All conveyances of land or of any interest therein are void for the purpose of conveying or creating a
legal estate unless made by deed (πράξη).
(2) This section does not apply to—
(a) assents by a personal representative;
(b) disclaimers made in accordance with [F1sections 178 to 180 or sections 315 to 319 of the
Insolvency Act 1986], or not required to be evidenced in writing;
(c) surrenders by operation of law, including surrenders which may, by law, be effected without
writing;
(d) leases or tenancies or other assurances not required by law to be made in writing;
= general rule: legal estates must be created by deed
= exception: a lease is not required to be in writing
= convey: the transfer of legal title
6. Law of Property (Miscellaneous Provisions) Act 1989, Section 1
(2) An instrument shall not be a deed unless—
1. Law of Property Act 1925 – s205 General Definitions I (ix):
“Land” includes land of any tenure, and mines and minerals, whether or not held apart from the surface,
buildings or parts of buildings (whether the division is horizontal, vertical or made in any other way) and
other corporeal hereditaments; also a manor, an advowson, and a rent and other incorporeal
hereditaments, and an easement, right, privilege, or benefit in, over, or derived from land; F3. . . and
“mines and minerals” include any strata or seam of minerals or substances in or under any land, and
powers of working and getting the same F3. . .;
2. Law of Property Act (LPA) 1925 Section 1 (1)
Legal estates and equitable interests.
(1) The only estates in land which are capable of subsisting (υφίστανται) or of being conveyed
(μεταφέρονται) or created at law are
(a) An estate in fee simple absolute in possession; it can continue indefinitely: FREEHOLD
ESTATE
(b) A term of years absolute. only exist for a period of time: LEASEHOLD ESTATE
= two estates: freehold and leasehold
3. Law of Property Act, 1925, Section 1 (2)
(2) The only interests or charges in or over land which are capable of subsisting or of being conveyed or
created at law are –
(a) An easement, right, or privilege in or over land …: right of way
(b) A rentcharge in possession …: a sum of money paid by an individual with a freehold estate to
another individual who may not have an interest in the land
(c) A charge by way of legal mortgage …
(d) Rights of entry ...: = permission to go into someone’s property.
= six interests that are capable of existing at law
4. Law of Property Act (LPA) 1925, Section 1 (3)
(3) All other estates, interests, and charges in or over land take effect as equitable interests.: whatever is
not listed in section 1(1) or 1(2), is not capable of being legal and it must be an equitable interest.
= everything else may exist in equity
5. Law of Property Act (LPA) 1925, Section 52
Conveyances to be by deed.
(1) All conveyances of land or of any interest therein are void for the purpose of conveying or creating a
legal estate unless made by deed (πράξη).
(2) This section does not apply to—
(a) assents by a personal representative;
(b) disclaimers made in accordance with [F1sections 178 to 180 or sections 315 to 319 of the
Insolvency Act 1986], or not required to be evidenced in writing;
(c) surrenders by operation of law, including surrenders which may, by law, be effected without
writing;
(d) leases or tenancies or other assurances not required by law to be made in writing;
= general rule: legal estates must be created by deed
= exception: a lease is not required to be in writing
= convey: the transfer of legal title
6. Law of Property (Miscellaneous Provisions) Act 1989, Section 1
(2) An instrument shall not be a deed unless—
