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Law of Property Act 1925

Law of Property Act 1925
Long title An Act to consolidate the enactments relating to Conveyancing and the Law of Property in England and Wales.
Citation 15 Geo 5 c 20
Introduced by Lord Birkenhead
Territorial extent England and Wales
Dates
Royal assent 9 April 1925
Commencement 1 January 1926
Other legislation
Amended by TLATA 1996;
Law of Property (Miscellaneous Provisions) Act 1989;
Land Registration Act 2002
Status: Amended
Text of statute as originally enacted
Revised text of statute as amended

The Law of Property Act 1925 (c 20) is a statute of the United Kingdom Parliament. It forms part of an interrelated programme of legislation introduced by Lord Chancellor Lord Birkenhead between 1922 and 1925. The programme was intended to modernise the English law of real property. The Act deals principally with the transfer of freehold or leasehold land by deed.

As of 2016 the Act still provides the core of English land law.

The policy of the act was to reduce the number of legal estates to two and generally to make the transfer of interests in land easier for purchasers.

The Act followed on from a series of land law and policy reforms that had been begun by the Liberal government starting in 1906. This is how one American legal scholar, Morris Raphael Cohen, described it.

That which was hidden from Maitland, Joshua Williams, and the other great ones, was revealed to a Welsh solicitor who in the budget of 1910 proposed to tax the land so as to force it on the market. The radically revolutionary character of this proposal was at once recognized in England. It was bitterly fought by all those who treasured what had remained of the old English aristocratic rule. When this budget finally passed, the basis of the old real property law and the effective power of the House of Lords was gone. The legislation of 1925-26 was thus a final completion in the realm of private law of the revolution that was fought in 1910 in the forum of public law, i.e., in the field of taxation and the power of the House of Lords.


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