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Overview of LPA 1925 Section 1

This document summarizes Section 1 of the Law of Property Act 1925, which establishes what types of estates and interests in land can exist legally under English property law. It states that only fee simple estates and terms of years can legally exist, while all other estates and interests take effect as equitable interests. It defines legal and equitable estates and interests, and confirms that legal estates can coexist with other legal estates in the same land. The document also notes there may be future changes to the legislation.

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89 views3 pages

Overview of LPA 1925 Section 1

This document summarizes Section 1 of the Law of Property Act 1925, which establishes what types of estates and interests in land can exist legally under English property law. It states that only fee simple estates and terms of years can legally exist, while all other estates and interests take effect as equitable interests. It defines legal and equitable estates and interests, and confirms that legal estates can coexist with other legal estates in the same land. The document also notes there may be future changes to the legislation.

Uploaded by

tpelecanou2304
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Changes to legislation: Law of Property Act 1925, Section 1 is up to date with all changes known to be in force on or

before 02 January 2023. There are changes that may be brought into force at a future date. Changes that have been made
appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

Law of Property Act 1925


1925 CHAPTER 20 15 and 16 Geo 5

PART I

GENERAL PRINCIPLES AS TO LEGAL ESTATES, EQUITABLE INTERESTS AND POWERS

1 Legal estates and equitable interests.


(1) The only estates in land which are capable of subsisting or of being conveyed or
created at law are—
(a) An estate in fee simple absolute in possession;
(b) A term of years absolute.
(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 for an interest equivalent to
an estate in fee simple absolute in possession or a term of years absolute;
(b) A rentcharge in possession issuing out of or charged on land being either
perpetual or for a term of years absolute;
(c) A charge by way of legal mortgage;
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 and any other similar charge on
land which is not created by an instrument;
(e) Rights of entry exercisable over or in respect of a legal term of years absolute,
or annexed, for any purpose, to a legal rentcharge.
(3) All other estates, interests, and charges in or over land take effect as equitable interests.
(4) The estates, interests, and charges which under this section are authorised to subsist or
to be conveyed or created at law are (when subsisting or conveyed or created at law)
in this Act referred to as “legal estates,” and have the same incidents as legal estates
subsisting at the commencement of this Act; and the owner of a legal estate is referred
to as “an estate owner” and his legal estate is referred to as his estate.
(5) A legal estate may subsist concurrently with or subject to any other legal estate in the
same land in like manner as it could have done before the commencement of this Act.
2 Law of Property Act 1925 (c. 20)
Part I – General Principles as to Legal Estates, Equitable Interests and Powers
Document Generated: 2023-01-02
Changes to legislation: Law of Property Act 1925, Section 1 is up to date with all changes known to be in force on or
before 02 January 2023. There are changes that may be brought into force at a future date. Changes that have been made
appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

(6) A legal estate is not capable of subsisting or of being created in an undivided share
in land or of being held by an infant.
(7) Every power of appointment over, or power to convey or charge land or any interest
therein, whether created by a statute or other instrument or implied by law, and whether
created before or after the commencement of this Act (not being a power vested in a
legal mortgagee or an estate owner in right of his estate and exercisable by him or by
another person in his name and on his behalf), operates only in equity.
(8) Estates, interests, and charges in or over land which are not legal estates are in this
Act referred to as “equitable interests,” and powers which by this Act are to operate
in equity only are in this Act referred to as “equitable powers.”
(9) The provisions in any statute or other instrument requiring land to be conveyed to
uses shall take effect as directions that the land shall (subject to creating or reserving
thereout any legal estate authorised by this Act which may be required) be conveyed
to a person of full age upon the requisite trusts.
(10) The repeal of the Statute of Uses (as amended) does not affect the operation thereof
in regard to dealings taking effect before the commencement of this Act.

Textual Amendments
F1 Words repealed by Tithe Act 1936 (c. 43), Sch. 9 and Finance Act 1963 (c. 25), Sch. 14 Pt. VI

Modifications etc. (not altering text)


C1 S. 1(2)(b) explained by Law of Property (Entailed Interests) Act 1932 (c. 27), s. 2
Law of Property Act 1925 (c. 20) 3
Document Generated: 2023-01-02

Changes to legislation:
Law of Property Act 1925, Section 1 is up to date with all changes known to be in force on
or before 02 January 2023. There are changes that may be brought into force at a future date.
Changes that have been made appear in the content and are referenced with annotations.
View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those
provisions):
– s. 52(2)(dc)(dd) inserted by 2016 c. 22 Sch. 7 para. 1(2)

Common questions

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Legal estates are defined with specific legal incidents and may subsist as recognized proprietary rights, whereas equitable interests are secondary, operating only in equity. This division affects the nature of ownership rights and remedies available to holders of these interests .

The Law of Property Act 1925 states that the only estates in land capable of subsisting or being conveyed or created at law are an estate in fee simple absolute in possession and a term of years absolute .

A legal estate may subsist concurrently with or subject to any other legal estate in the same land in the same way it could before the Act's commencement. This allows for flexibility in land ownership arrangements .

Powers of appointment or conveyance, whether statutory or otherwise, operate only in equity unless vested in a legal mortgagee or estate owner and exercisable by them or on their behalf. This positions such powers primarily within equitable jurisdiction .

A legal mortgage is a charge by way of securing interests or charges over land that is capable of being subsisting or created under law. It is one of the primary legal methods for securing land-based financial interests .

The Act defines equitable interests as estates, interests, and charges in or over land which are not legal estates. Equitable powers are those powers that, as per the Act, operate in equity only .

Provisions that require land to be conveyed to uses are taken as directions to convey the land to a person of full age upon the requisite trusts, subject to any legal estate being reserved as authorized by the Act .

Under the Law of Property Act 1925, a legal estate cannot subsist or be created in an undivided share in land or be held by an infant .

Changes and annotations, such as those discussed in the document, reflect amendments and clarifications, though specific textual amendments like repealed words or added notes from acts like the Tithe Act 1936 or Finance Act 1963 are examples. These changes impact legal interpretation and application but don't alter the text .

The repeal of the Statute of Uses does not affect dealings that took effect before the Act's commencement. This maintains continuity and respect for prior agreements and configurations that were established under the Statute .

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