Importance and Relevance of the Law of Property Act 1925

This document explains the importance and relevance of the Law of Property Act 1925 in property law. It discusses the effect of the act, legal estates, and the relevancy of the act in the present day. It also explores the importance of the act in simplifying the process of transferring property and ensuring the rights and responsibilities of both buyers and sellers. The document also touches on the concept of legal precedent and how it applies to the case law related to the Law of Property Act 1925.

[Type the company name]
[Type the document title]
[Type the document subtitle]
Hp50
[Pick the date]

Contents
Ques1. Explain and Analyse, succinctly, the importance and relevance of the Statute?..............................2
Effect of the Law of Property Act 1925....................................................................................................2
Legal Estates............................................................................................................................................3
Relevancy of the law of Property Act......................................................................................................3
Ques2. How and why is it important?..........................................................................................................4
Ques3. Is it the whole of the Statute that remains important as drafted or merely Sections of it – explain
and comment?.............................................................................................................................................5
Ques4. Explain what is meant by legal precedent, and illustrate how the case law you have commented
upon provides legal precedent when considered with the Statute you have chosen?...................................6
Legal Precedent...........................................................................................................................................6
There are some legal precedent cases related the section of the Law of Property Act:..........................7
Advantages of the legal precedent are:...................................................................................................9
Disadvantages of the legal precedent.....................................................................................................9
Reference:...................................................................................................................................................9

Ques1. Explain and Analyse, succinctly, the importance and relevance of the Statute?
Property law is apprehensive with the acknowledgement of privileges in relation to property,
belongings and incorporeal property. Such privileges may replicate proprietorship and the right
to take advantage, the right to forbid use by others. There are situations in which this
encumbrance determines itself in the conventional sense of property owner bringing both
exclusive rights of the possession and the burdens of ownership. The law of property act contains
209 sections, part XII and seven schedules. The property statute was enacted on 9th April 1925
transfer of property from one person to other. The law of property act is applicable to England
and Wales. The provisions of the statue keep changing with the time and requirement of the
society but the importance of the laws remains the same until any other statute passed by the
legislature related to the same subject matter. In the land law of the United Kingdom, the Law of
Property Act, 1925 is one of the fundamental Acts which is legislated for the transfer of property
(Hudson, 2013).
The primary objective of the rebels’ property legislation of 1925 was to certify that the possible
buyers requisites only apprehension with the lawful title of the property. This objective was
made for the selling and buying of lands as easy and as quick to result as probable (Clarke,
2016).
Effect of the Law of Property Act 1925
Basically, the law of property act explained how an individual established an interest in a
property, what are the rights of the seller and buyer of the property came with that interest, and
how one person can transfer the interest of the property to the other. The property act made
stronger the rights and accountabilities which are passed to the new owner of a property at the
time of transferring the property or after transferring the property. The law of property act was
the part of a raft of the Land Registration Act of 1925 which facilitated societies record their
interests in land in an effectual way.

The law of property act 1925 is prolonged and comprehensive for the reason that the legislation
was created to sort-out pre-existing inconsistencies and dodges.
Legal Estates
The most significant feature of the Property Act, 1925 was that it infinitely shortened the
structure of the ownership of the property by dropping the total of legal estates to two. The legal
estate is a kind of method of possessing property and every legal estate originates with an
assortment of privileges and accountabilities (Stroud, 2018).
In the United Kingdom methods of possessing property are freehold and leasehold. The freehold
and leasehold method of owning property is the foundation of the owners’ property system (Law
Commission, 2011).
Relevancy of the law of Property Act
The Law of Property Act is a very old statute and per se, various components of the property act
have subsequently outdated, especially by the Landlord and Tenant Act. Though the Law of
Property Act, 1925 is the essential fundament for transferring property in the United Kingdom.
The LPA, 1925 was announced for reforming the complex and wide-ranging land law structure
of conveyance in the England and Wales. At the same time as certain provisions of the Law of
Property Act 1925 has updated and enhanced over time but the structure and doctrines drawn by
the Land of Property Act, 1925 remain in effect.
There are some radical changes were done by the legislature and by the precedents of the courts
in the law of property act 1925 for providing justice to the society, there is an example of the
radical change: Prior to the enactment of the Law of property act 1925, the definition of the
property was limited as chattels and personal property was not included in the definition of
property but after the enactment of the law of property act under common law, statute included
every type of property in the definition of the property, whether real or personal property.
Customarily, proprietorship of land in England and Wales was demonstrated by documents
stated to as title deeds. With the intention of creating interest in the transferred property, a deed
was obligatory. These documents disclosed that any party who requested to be the legal owner

had possessed it for the periods which are laid down by act. This method of conveyance
controlled to prospects that the purchaser could see duplicates of title documents that practice a
continuous chain dating back for the term of the period which is indicated by the statute.
Ques2. How and why is it important?
The law of property act, 1925 is a written statute to legalize the way in which interests in
property can be produced and the consistent authorities to compact with them. The law of
property act is significant and rarely changes. The law of property act 1925 is important because
before this act there was a number of a difficulty for the prospective buyer of the property.
Without the law of property act, the equitable rights of the buyer and seller affect the land. After
the enactment of the law of property act, it becomes easier for both parties because the rights and
responsibilities are properly mentioned in the act. The process of purchasing or selling the land
before 1925 act, was very lengthy and burdensome and the extensive investigation was required
regarding the rights of the seller and regarding the authority of the seller that the seller has a title
or not for the selling of the property or land. Before the representation of the law of property act
1925, there was no guarantee on the side of the buyer that the buyer would obtain the
encumbered title of the property or land. This is because the buyer was believed to be bound by
the reasonable rights of the third parties it was concluded because of the use of the doctrine of
constructive notice. These reasons prompted the institution of a raft of statute in 1925 and the
law of property act was included in that raft (Bray, 2016).
The law of property act 1925 is one of the land laws of the United Kingdom, the property law
deal and administrates with the ownership in the actual property within the common law of the
UK legal system. Rights awarded by the law of property act are the rights of the owner of the
property which is enforceable and the right of the owner available against all people.
Conveyance includes mortgages, charges and leases which is stated under section 205 (1) (ii) of
the law of property act, 1925. The conveyance is a transfer of property which takes place without
any will. The property comprises everything in action and interest in the actual or individual

property, the general definition of the property is stated under sec 205 (1) (xx) of the law of
property act 1925 (Burn, 2011).
Ques3. Is it the whole of the Statute that remains important as drafted or merely Sections
of it – explain and comment?
The transfer of property accustomed is an extremely problematical development; subsequently
only buyer and seller are not involved in the transfer of property there is the number of the
person who has interest in the sale. The Law of Property Act 1925 prepared the easy method of
transferring the property from one person to other. The core principle of this property act is
conveyance. The main objective of the law of property act was to associate the performances
connecting to the conveyance of the property in England and Wales.
The Law of Property Act, 1925 is an essential Act. Many parts of this property act are still
operational. Some operational parts of the act are:
The structures of the Party are stated in the section 38 of the Act. In the structure of the party,
the statute stated that a periphery runs sideways the midpoint of a party wall.
Implied terms of the conveyance provide under section 62 of the Law of Property Act, 1925.
Section 62 of the property act; deal with all of the accessories that are comprised of the deal of
property although they may not be precisely stated in the conveyance.
Easements are proposed for the property and the person who rightfully makes use of the land,
provision related to the easement is specified under section 187 (legal easement) of the property
act. Legal easement highlights that easements are envisioned precisely for the advantage of the
property and any person who may legally make use of the property. Easements are not for the
secretive advantage of the proprietor of that property single-handedly (Bogusz, 2015).
All the rights of the community over the common and wasted lands are identified in section 193.
Section 193 mainly deals with the rights of the individual over common land.
There are many sections of the statute which are repealed or amended by the legislature. But in
some case, the Court interprets the contents of the statute and may modify the statute according
to the time changing the situation. The law of property act is a very old act; therefore, changes

are required in the act. There is an example in which the court interprets the section and made the
precedent judgments related to that section.
The understanding of section 2(1) (ii) was that only beneficial interests could be overstretched.
But in the case of Baker v Crags, the Court stated that grant of any legal interest can also be an
overreach. This case made the wider scope of the section. After that in the case of Mortgage
Express v Lambert, the Court said that all the equitable interested over the property can be
overreached. The prominent part of these judgments was that these judgments fundamentally
develop the scope of overreaching. Overreaching can be defined as the replacement of the
substance material of the trust.
The specific parts of the law of property act are as pertinent as it was that time when the law of
property act was enforced by the legislation in the United Kingdom. Many provisions of the law
of property act, 1925 have been modified over the years but still the law of property act, 1925 is
the foundation of recent land laws legal system of the United Kingdom.
Ques4. Explain what is meant by legal precedent, and illustrate how the case law you have
commented upon provides legal precedent when considered with the Statute you have
chosen?
Legal Precedent
The past decisions of the Courts on any dispute create legal principle or rule which becomes
precedent. After passing these decisions it becomes an example for the other court judges, who
are deciding the similar disputes. At the time of pronouncing the judgment, the judge stated the
reasons, why and how he reached a judgment or pronouncement (Gerhardt, 2011).
Legal precedents are made by the higher authority on the required principles and the question of
law and these precedents will be followed by the lower courts, such as the Supreme Court made
any decision on certain principle and after that lower court accepts and observe the preceding
judgments in the relevant cases. The judgment given by the lower court can be used as a
precedent for the courts having the same jurisdiction but the judgments of the inferior courts are
not obligatory on the higher courts.

The legal precedent doctrine is grounded on the norm of stare decisis which lightly interprets as
what is definite and do not disturb the recognized. The universal rule is that all the judges are
bound to follow conclusions prepared by courts advanced than other courts in the pyramid, and
all the appealable courts are generally bound by their own preceding judgments. This provisions
the indication of justice and inevitability during the course of the courts.
The legal precedent has generally two principles. The First principle of the legal precedent is that
the court is bound by the judgments of other courts which are higher than these courts in the
pyramid of the courts. The second principle of the legal precedent is that the judges treat like
cases alike. When a court passed the decision, the judgment can be followed by the court in the
following cases where the facts or the case similar to the precedent case.
Though, precedent may view if the object for the judgment is identified, so that the conclusion of
a case a decision was taken. This is known as the ‘ratio decidendi’. The meaning of the ratio
decidendi is the reason for the finding of case. This term produces a precedent for judicial officer
to follow the precedent in the future similar cases.
The rest of the judgment is called obiter dicta. The meaning of the obiter dicta is that the other
remaining things held by the judges in the judgment. The obiter dictum is not a binding
precedent like the ratio decidendi, but it might be used as a conveying precedent in upcoming
disputes. The difficulty with the obiter dicta is that it is very problematic to differentiate the ratio
decidendi and obiter dicta from the judgment (Evan, 2009).
The reasons which are required for the judges to reach to the judgment amount to the ratio
decidendi of the case. The legal principle of the ratio decidendi is that if the facts are similar with
the binding precedent case, it is obligatory to the Court that the judgment must be followed by
the Courts in the future cases. But before following the precedents in the cases, it is important
that ratio decidendi must be separated from the obiter dicta. The Obiter dictums in any judgment
are not necessary for the binding precedent and follow it in future cases (Roche, 1018).
There are some legal precedent cases related the section of the Law of Property Act:

As per the section 60 (3) of the Law of Property Act 1925: “In a voluntary conveyance a
resulting trust for the grantor shall not be implied merely by reason that the property is not
expressed to be conveyed for the use or benefit of the grantee.”
The consequence of that subsection has been argued for years. In the case of Lohia v Lohia
(2000) 3 ITELR 117, [2001] WTLR 101, the court decided that the assumption of subsequent
faith does not relate to complimentary transfers of property. The finding of this case was
acknowledged by the Court of Appeal by stating that the effect of the law of property act 1925,
eliminate the assumption of a subsequent trust arising from a voluntary conveyance and it
became the legal precedent. Therefore in the case of Ali v Khan (2002) EWCA Civ 974, the
Court referred the case of Lohia v Lohia for establishing that in the cases of deliberately
transference of property, the assumption of the subsequent faith has been eliminated by the
section 60 (3)of the law of property act 1925.
Lohia vs. Lohia case was also referred in the case, of Prest v Petrodel Resources Ltd (2013)
UKSC 34, in this case lord assume that the assumption of the subsequent faith in the case of the
gratuitous transfer of the property.
Newly, in the case of National Crime Agency v Dong [2017] EWHC 3116 (Ch), the Chief
Master decided that the section 60(3) did not disturb the assumption of subsequent faith and
stated that Section 60(3) was just legislated to compact with procedures in a conveyance that was
no longer required as the Statute of Uses 1535 was revoked in 1925 (Kozel, 2017).
Statute rule should be observed as a structure within which the public is anticipated to perform.
Statute law cannot be anticipated to forecast the fine element of each possible upcoming
violation of the law. As a result, a substantial organization of law has caused by the judgments
that judges have made as they have considered during separate cases. This organization of law is
stated to whichever as "case law" or as "legal precedent". The legal precedents are also the
source of law as the judicial officer interprets the laws as per the constitutional and legal
circumstances for example, in the case of Akici v LR Butlin Ltd [2006] 1 W.L.R. 201, the court
interpreted the section 146 of the law of property act 1925 that the notice provided under section
146 did not stated any specific cause and it was not operative for the re-entry (Bell, 2018).

Legal precedents are followed by the courts in similar cases which help to produce uniformity
and equality, but sometimes because of the replication of the legal precedent problems became
more exacerbates where the prior judgment of the court was inappropriate and unreasonable it
was decided in the case of R v Greater Manchester Coroner, ex parte Tal [1985] QB 67.
Advantages of the legal precedent are:
Judicial precedents create certainty and for the interest of justice and fairness, the like cases are
treated alike way. Legal precedents save the time of courts because for the greatest facts and
circumstances there is an existing solution present. The judicial precedents help in the
development of the law in society.
Disadvantages of the legal precedent
Judicial precedents are strict rules which can generate inequality in separate cases. The
improvement of the law under the judicial precedents is very slow and finding the relevant case
which create confusion.
Reference:
Ali v Khan (2002) EWCA Civ 974
Baker v Crags,
Bogusz, B. and Sexton, R. (2015), Complete Land Law: Text, Cases, and Materials, Oxford
University Press, 2015
Bray, J. (2016), Unlocking Land Law, 5, Routledge, 2016
Bell, J. (2018). Sources of Law, the Cambridge Law Journal, 77(1), 40-71.
doi:10.1017/S0008197318000053
Burn, E., Cartwright, J. (2011) Cheshire and Burn's Modern Law of Real Property, Oxford
University Press, 2011
Evans, P. (16 jan, 2009). The Status of Rules of Precedent, the Cambridge Law Journal, 41(1),
162-179. Doi: 10.1017/S0008197300107901

Hudson, A. (2013) New Perspectives on Property Law: Obligations and Restitution, Routledge,
2013
Kozel, R. (2017), Settled Versus Right: A Theory of Precedent, Cambridge University Press,
2017
Law Commission (2011), Making land work: easements, covenants and profits á prendre, The
Stationery Office, 2011
Lohia v Lohia (2000) 3 ITELR 117, [2001] WTLR 101
Mortgage Express v Lambert
National Crime Agency v Dong [2017] EWHC 3116 (Ch),
Prest v Petrodel Resources Ltd (2013) UKSC 34
R v Greater Manchester Coroner, ex parte Tal [1985] QB 67.
Roche, J. (2018) HISTORIOGRAPHY AND THE LAW OF PROPERTY ACT 1925: THE
RETURN OF FRANKENSTEIN, The Cambridge Law Journal, Volume 77, Issue 3 November
2018
Stroud, A. (2018) Making Sense of Land Law, Macmillan International Higher Education, 2018
The Law of Property Act, 1925