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The Law of Property Act 1925 sections 1(6) and 36(2) prohibits a divided legal title, known as a "tenancy in common". If there are more people with a co-ownership interest, then by the Law of Property Act 1925 section 34(2) the first four people named on a conveyance will be deemed by law to be trustees for the further co-owners. [136]
Land law, or the law of "real" property, is the most significant area of property law that is typically compulsory on university courses. Although capital, often held in corporations and trusts, has displaced land as the dominant repository of social wealth, land law still determines the quality and cost of people's home life, where businesses and industry can be run, and where agriculture ...
A committee was appointed in 1919, headed by Sir Leslie Scott, to report to the Lord Chancellor on land transfer. [2] This Lands Requisition Committee proposed a bill, which was introduced to Parliament in 1920 by Lord Birkenhead. This became law on 29 June 1922 and was 313 pages of amendments of numerous real property statutes.
Bruton v London and Quadrant Housing Trust [1999] UKHL 26 is an English land law case that examined the rights of a 'tenant' in a situation where the 'landlord', a charitable housing association had no authority to grant a tenancy, but in which the 'tenant' sought to enforce the duty to repair on the association implied under landlord and tenant statutes.
Second, technically the transfer must take place under Law of Property Act 1925, section 52(1) by a deed (though there is no reason why this cannot be combined with step 1, by using a deed for the sale!). Third, the land must be registered for the legal interest to take effect under LRA 2002 sections 27 to 30.
A Anas, ‘Rent Control with Matching Economies: A Model of European Housing Market Regulation’ (1997) 15(1) Journal of Real Estate Finance and Economics 111–37; S Bright, "Avoiding Tenancy Legislation: Sham and Contracting Out Revisited" [2002] CLJ 146; S Bright, Landlord and Tenant Law in Context (2007)
A settlement is defined by s2(1) of the 1882 act as "any land or any estate or interest in land, which stands for the time being limited to or in trust for any persons by way of succession". Basically, whenever a document creates a succession of interests in land the Settled Land Acts will apply. Generally there must be an element of succession.
The Law of Property Act 1925, section 205(1)(ix) gives the following definition of land. "Land" includes land of any tenure, 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 hereditaments; also a manor, advowson, and a rent and other incorporeal hereditaments, and an ...