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Law of Property Act 1925

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Conveyances to be by deed.

(1) All conveyances of land or of any interest therein are void for the purpose of conveying or
creating a legal estate unless made by deed.
(2) This section does not apply to
(a)assents by a personal representative;
(b)disclaimers made in accordance with [F68sections 178 to 180 or sections 315 to
319 of the Insolvency Act 1986], or not required to be evidenced in writing;
205

General definitions.

(1) In this Act unless the context otherwise requires, the following expressions have the
meanings hereby assigned to them respectively, that is to say:
(i)Bankruptcy includes liquidation by arrangement; also in relation to a corporation
means the winding up thereof;
(ii)Conveyance includes a mortgage, charge, lease, assent, vesting declaration,
vesting instrument, disclaimer, release and every other assurance of property or of an
interest therein by any instrument, except a will; convey has a corresponding
meaning; and disposition includes a conveyance and also a devise, bequest, or an
appointment of property contained in a will; and dispose of has a corresponding
meaning;
(xxvii)Term of years absolute means a term of years (taking effect either in
possession or in reversion whether or not at a rent) with or without impeachment for
waste, subject or not to another legal estate, and either certain or liable to
determination by notice, re-entry, operation of law, or by a provision for cesser on
redemption, or in any other event (other than the dropping of a life, or the
determination of a determinable life interest); but does not include any term of years
determinable with life or lives or with the cesser of a determinable life interest, nor, if
created after the commencement of this Act, a term of years which is not expressed
to take effect in possession within twenty-one years after the creation thereof where
required by this Act to take effect within that period; and in this definition the
expression term of years includes a term for less than a year, or for a year or years
and a fraction of a year or from year to year;
Land Registration Act 2002
27

Dispositions required to be registered

(1)If a disposition of a registered estate or registered charge is required to be completed by


registration, it does not operate at law until the relevant registration requirements are met.
(2)In the case of a registered estate, the following are the dispositions which are required to
be completed by registration
(a)a transfer,
(b)where the registered estate is an estate in land, the grant of a term of years
absolute

(i)for a term of more than seven years from the date of the grant,

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Nature and effect

(1)A notice is an entry in the register in respect of the burden of an interest affecting a
registered estate or charge.
(2)The entry of a notice is to be made in relation to the registered estate or charge affected by
the interest concerned.
(3)The fact that an interest is the subject of a notice does not necessarily mean that the
interest is valid, but does mean that the priority of the interest, if valid, is protected for the
purposes of sections 29 and 30.
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Creation of interests in land by parol.

(1)All interests in land created by parol and not put in writing and signed by the persons so
creating the same, or by their agents thereunto lawfully authorised in writing, have,
notwithstanding any consideration having been given for the same, the force and effect of
interests at will only.
(2)Nothing in the foregoing provisions of this Part of this Act shall affect the creation by parol
of leases taking effect in possession for a term not exceeding three years (whether or not the
lessee is given power to extend the term) at the best rent which can be reasonably obtained
without taking a fine.

SCHEDULE 3 UNREGISTERED INTERESTS WHICH OVERRIDE REGISTERED DISPOSITIONS


Leasehold estates in land
1A

leasehold estate in land granted for a term not exceeding seven years from the date
of the grant, except for
(a)a lease the grant of which falls within section 4(1)(d), (e) or (f);
(b)a lease the grant of which constitutes a registrable disposition.

Interests of persons in actual occupation


2

An interest belonging at the time of the disposition to a person in actual occupation, so


far as relating to land of which he is in actual occupation, except for
(a) an interest under a settlement under the Settled Land Act 1925 (c. 18);
(b) an interest of a person of whom inquiry was made before the disposition and who
failed to disclose the right when he could reasonably have been expected to do so;
(c) an interest

(i)which belongs to a person whose occupation would not have been obvious
on a reasonably careful inspection of the land at the time of the disposition,
and
(ii)of which the person to whom the disposition is made does not have actual
knowledge at that time;
(d) a leasehold estate in land granted to take effect in possession after the end of the
period of three months beginning with the date of the grant and which has not taken
effect in possession at the time of the disposition.

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