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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 ...
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 ...
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.
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.
Land law is the form of law that deals with the rights to use, alienate, or exclude others from land. In many jurisdictions, these kinds of property are referred to as real estate or real property, as distinct from personal property. Land use agreements, including renting, are an important intersection of property and contract law.
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Over the same period, behind the momentous shifts in land's social significance, legal developments in the law of property revolved around the split between the courts of common law and equity. [21] The courts of common law (the Court of Common Pleas and the Court of the King's Bench ) took a strict approach to the rules of title to land, and ...