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CHAPTER
170
LAW OF PROPERTY |
ARRANGEMENT OF
SECTIONS |
SECTION |
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Restriction on Effect of Licence to alienate. |
Restricted Operation of partial Licences. |
Apportionment of Conditions of Re-entry in
certain Cases. |
Rentcharges |
Release of Part of Land charged not to be an
Extinguishment. |
Judgments |
Release of Part of Land charged not to effect
Judgment. |
Powers |
Mode of Execution of Powers. |
Sale under Power not to be avoided by reason of
mistaken Payment to Tenant for Life. |
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Inheritance ...... |
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Assignment of Personality |
Assignment to self and others. |
Purchasers |
After December 31, 1859, Provision as to
Re-registry contained in 2 & 3 Vict. c. 11. and 18 & 19 Vict. c. 15, to
apply to Crown Debts. |
Not to be bound to see to the Application of
Purchase Money. |
Punishment of Vendor, etc., for fraudulent
Concealment of Deeds, etc., or falsifying Pedigree. |
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Trustees and Executors |
As to liability of Executor or Administrator in
respect of Rents, Covenants, or Agreements. |
As to Liability of Executor, etc., in respect of
Rents, etc., in Conveyances on Rents-charge. |
As to Distribution of Assets of Testator or
Intestate after Notice given by Executor or Administrator. |
As to Investments by Trustees. |
CHAPTER 170 |
LAW OF PROPERTY |
An Act to
further amend the law of property and to relieve trustees. | 22 & 23 Vict.,
c. 35
extended by 23 of 1860
3 of 2002
5 of 2002 |
[Commencement 13th
August, 1859] |
1. [This Act may be cited as the Law of Property Act.] | Short title. |
Leases |
2. Where any Licence to do any Act which without such
Licence would create a Forfeiture, or give a Right to re-enter, under a
Condition or Power reserved in any Lease heretofor granted or to be hereafter
granted, shall at any Time after the passing of this Act be given to any Lessee
or his Assigns, every such Licence shall, unless otherwise expressed, extend
only to the Permission actually given, or to any specific Breach of any Proviso
or Covenant made or to be made, or to the actual Assignment, Under-lease, or
other Matter thereby specifically authorised to be done, but not so as to
prevent any Proceeding for any subsequent Breach (unless otherwise specified in
such Licence); and all Rights under Covenants and Powers of Forfeiture and
Re-entry in the Lease contained shall remain in full force and virtue, and
shall be available as against any subsequent Breach of Covenant or Condition,
Assignment, Under-lease, or other Matter not specifically authorised or made
dispunishable by such Licence, in the same Manner as if no such Licence had
been given; and the Condition or Right of Re-entry shall be and remain in all
respects as if such Licence had not been given, except in respect of the particular
Matter authorised to be done. | Restriction on Effect of Licence to alienate. |
3. Where in any Lease heretofor granted or to be
hereafter granted there is or shall be a Power or Condition of Re-entry on
assigning or under-letting or doing any other specified Act without Licence,
and a Licence at any Time after the passing of this Act shall be given to One
of several Lessees or Co-owners to assign or underlet his Share or Interest, or
to do any other Act prohibited to be done without Licence, or shall be given to
any Lessee or Owner, or any One of several Lessees or Owners, to asign or
under-let Part only of the Property, or to do any other such Act as aforesaid
in respect of Part only of such Property, such Licence shall not operate to
destroy or extinguish the Right of Re-entry in case of any Breach of the
Covenant or Condition by the Co-Lessee or Co-Lessees, or Owner or Owners of the
other shares or Interests, in the Property, or by the Lessee or Owner of the
rest of the Property (as the Case may be) over or in respect of such Shares or
Interests or remaining Property, but such Right of Re-entry shall remain in
full Force over or in respect of the Shares or Interest or Property not the
subject of such Licence. | Restricted Operation of partial Licences. |
4. Where the Reversion upon a Lease is severed, and the
Rent or other Reservation is legally apportioned, the Assignee of each Part of
the Reversion shall in respect of the apportioned Rent or other Reservation
allotted or belonging to him, have and be entitled to the Benefit of all
Conditions or Powers of Re-entry for Non-payment of the original Rent or other Reservation,
in like Manner as if such Conditions or Powers had been reserved to him as
incident to his Part of the Reversion in respect of the apportioned Rent or
other Reservation allotted or belonging to him. | Apportionment of Conditions of Re-entry in certain
Cases. |
Rentcharges |
5. The Release from a Rentcharge of Part of the
Hereditaments charged therewith shall not extinguish the whole Rentcharge, but
shall operate only to bar the Right to recover any Part of the Rentcharge out
of the Hereditaments released, without Prejudice nevertheless to the Rights of
all Persons interested in the Hereditaments remaining unreleased, and not
concurring in or confirming the Release. | Release of Part of Land charged not to be an
Extinguishment. |
Judgments |
6. The Release from a Judgment of Part of any
Hereditaments charged therewith shall not affect the Validity of the Judgment
as to the Hereditaments remaining unreleased, or as to any other Property not
specifically released, without Prejudice nevertheless to the Rights of all
Persons interested in the Hereditaments or Property remaining unreleased, and
not concurring in or confirming the Release. | Release of Part of Land charged not to affect Judgment. |
Powers |
7. A Deed hereafter executed in the Presence of and
attested by Two or more Witnesses in the Manner in which Deeds are ordinarily
executed and attested shall, so far as respects the Execution and Attestation
thereof, be a valid Execution of a Power of Appointment by Deed or by any
Instrument in Writing not testamentary, notwithstanding it shall have been
expressly required that a Deed or Instrument in Writing made in exercise of
such Power should be executed or attested with some additional or other Form of
Execution or Attestation or Solemnity: | Mode of Execution of Powers. |
Provided always,
that this Provision shall not operate to defeat any Direction in the Instrument
creating the Power that the Consent of any particular Person shall be necessary
to a valid Execution, or that any Act shall be performed in order to give
Validity to any Appointment, having no Relation to the Mode of executing and
attesting the Instrument, and nothing herein contained shall prevent the Donee
of a Power from executing it conformably to the Power by Writing or otherwise
than by an Instrument executed and attested as an ordinary Deed, and to any
such Execution of a Power this Provision shall not extend. |
8. Where under a Power of Sale a bona fide Sale
shall be made of an Estate with the Timber thereon, or any other Articles
attached thereto, and the Tenant for Life or any other Party to the Transaction
shall by Mistake be allowed to receive for his own Benefit a Portion of the
Purchase Money as the Value of the Timber or other Articles, it shall be lawful
for the Court of Chancery, upon any Bill or claim or Application in a summary
Way, as the Case may require or permit, to declare that upon Payment by the
Purchaser, or the Claimant under him, of the full Value of the Timber and
Articles at the Time of Sale, with such Interest thereon as the Court shall
direct, and the Settlement of the said Principal Moneys and Interest under the
Direction of the Court upon such Parties as in the Opinion of the Court shall
be entitled thereto, the said Sale ought to be established; and upon such
Payment and Settlement being made accordingly the Court may declare that the
said Sale is valid, and thereupon the legal Estate shall vest and go in like
Manner as if the Power had been duly executed, and the Costs of the said
Application as between Solicitor and Client shall be paid by the Purchaser or
the Claimant under him. | Sale under Power not to be avoided by reason of
mistaken Payment to Tenant for Life. |
9. | Devisee in Trust may raise Money by Sale,
notwithstanding Want of express Power in the Will. ...... |
10. | Powers given by last Section extended to Survivors,
Devisees, etc. ...... |
11. | Executors to have Power of raising Money, etc., where
there is no sufficient Devise. ...... |
12. | Purchasers, etc., not bound to inquire as to Powers.
...... |
13. | Sections 9, 10, and 11, not to affect certain Sales,
etc., nor to extend to Devises in Fee or in Tail. ...... |
Inheritance
...... |
14. [i]* | Descent how to be traced. ...... |
15. [ii]* | Preceding Section incorporated with 3 & 4 Will. 4,
c. 106. ...... |
Assignment of
Personality |
16. Any Person shall have Power to assign Personal
Property now by Law assignable, including Chattels Real, directly to himself
and another Person or other Persons or Corporation, by the like Means as he
might assign the same to another. | Assignment to self and others. |
Purchasers |
17. From and after the Thirty-first Day of December
One thousand eight hundred and fifty-nine the Provision for Re-registry of
Judgments, Decrees or Orders, Rules or Orders contained in the Act of the
Session of the Second and Third Years of Queen Victoria, Chapter Eleven,
as explained and amended by the Act of the Session of the Eighteenth and
Nineteenth Years of Queen Victoria, Chapter Fifteen, shall extend and
apply to every such Judgment, Statute, Recognisance, Inquisition, Obligation,
Specialty, or Acceptance of Office as is by Section Eight of the
first-mentioned Act required to be registered, so that it shall be obligatory
on the Crown in order to bind the Lands, Tenements, or Hereditaments of its
Debtors or Accountants, as against Purchasers, Mortgagees, or Creditors
becoming such after the Thirty-first Day of December One thousand eight
hundred and fifty-nine, to re-register, in like Manner as it is obligatory on a
private Person, and so that Notice of any such Judgment, Statute, Recognisance,
Inquisition, Obligation, Specialty or Acceptance of Office, not duly
re-registered, shall not avail against Purchasers, Mortgagees, or Creditors
becoming such after the, Thirty-first Day of December One thousand eight
hundred and fifty-nine, as to Lands, Tenements, or Hereditaments; and this
Provision shall apply to every such Judgment, Statute, Recognisance,
Inquisition, Obligation, Specialty, or Acceptance of Office, as since the
passing of the first-mentioned Act has been registered under the Provisions
therein contained, or as shall hereafter be so registered. ...... | After Dec. 31, 1859, Provision as to Re-registry
contained in 2 & 3 Vict., c. 11, and 18 & 19 Vict., c, 15, to apply to
Crown Debts. |
18. The bona fide Payment to and the Receipt of
any Person to whom any Purchase or Mortgage Money shall be payable upon any
express or implied Trust shall effectually discharge the Person paying the same
from seeing to the Application or being answerable for the Misapplication
thereof unless the contrary shall be expressly declared by the Instrument
creating the Trust or Security. | Not to be bound to see to the Application of Purchase
Money. |
19. Any Seller or Mortgagor of Land, or of any
Chattels, Real or Personal, or Choses in Action conveyed or assigned to a
Purchaser, or the Solicitor or Agent of any such Seller or Mortgagor, who shall
after the passing of this Act conceal any Settlement, Deed, Will, or other
Instrument material to the Title or any Incumbrance from the Purchaser, or
falsify any Pedigree upon which the Title does or may depend, in order to
induce him to accept the Title offered or produced to him, with Intent in any
of such Cases to defraud, shall be guilty of a Misdemeanour, and being found
guilty shall be liable at the Discretion of the Court, to suffer such
Punishment, by Fine or Imprisonment for any Time not exceeding Two Years, with
or without Hard Labour, or by both, as the Court shall award, and shall also be
liable to an Action for Damages at the Suit of the Purchaser or Mortgagee, or
those claiming under the Purchaser or Mortgagee, for any Loss sustained by them
or either or any of them in consequence of the Settlement, Deed, Will, or other
Instruments or Incumbrance so concealed, or of any Claim made by any Person
under such Pedigree, but whose Right was concealed by the Falsification of such
Pedigree; and in estimating such Damages, where the Estate shall be recovered
from such Purchaser or Mortgagee, or from those claiming under the Purchaser or
Mortgagee, regard shall be had to any Expenditure by them or either or any of
them in Improvements on the Land; but no Prosecution for any Offence included
in this Section against any Seller or Mortgagor, or any Solicitor or Agent,
shall be commenced without the sanction of Her Majesty's Attorney-General, or
in case that Office be vacant of Her Majesty's Solicitor- General; and no such
Sanction shall be given without such previous Notice of the Application for
leave to prosecute to the Person intended to be prosecuted as the
Attorney-General or the Solicitor-General (as the Case may be) shall direct. | Punishment of Vendor, etc., for fraudulent Concealment
of Deeds, etc., or falsifying Pedigree. |
20. In the Construction of the previous Provisions in
this Act the Term "land" shall be taken to include all Tenements and
Hereditaments, and any Part or Share of or Estate or Interests in any Tenements
or Hereditaments, of what Tenure or Kind soever; and | Interpretation of Terms. |
The term
"Mortgage" shall be taken to include every Instrument by virtue
whereof Land is in any Manner conveyed, assigned, pledged, or charged as
Security for the Repayment of Money or Money's Worth lent, and to be
re-conveyed, re-assigned, or released on Satisfaction of the Debt; and |
The term
"Mortgagor" shall be taken to include every Person by whom any such
Conveyance, Assignment, Pledge, or Charge as aforesaid shall be made; and |
The term
"Mortgagee" shall be taken to include every Person to whom or in
whose Favour any such Conveyance, Assignment, Pledge or Charge as aforesaid is
made or transferred: |
The term "Judgment"
shall be taken to include registered Decrees, Orders of Courts of Equity and
Bankruptcy, and other Orders having the Operation of Judgments. |
Trustees and
Executors |
21. Where an Executor or Administrator, liable as such
to the Rents, Covenants, or Agreements contained in any lease or Agreement for
a Lease granted or assigned to the Testator or Intestate whose Estate is being
administered, shall have satisfied all such Liabilities under the said Lease or
Agreement for a Lease as may have accrued due and been claimed up to the Time
of the Assignment hereafter mentioned, and shall have set apart a sufficient
Fund to answer any future Claim that may be made in respect of any fixed and
ascertained Sum covenanted or agreed by the Lessee to be laid out on the
Property demised or agreed to be demised, although the Period for laying out
the same may not have arrived, and shall have assigned the Lease or Agreement
for a Lease to a Purchaser thereof, he shall be at liberty to distribute the
Residuary Personal Estate of the Deceased to and amongst the Parties entitled
thereto respectively, without appropriating any Part, or any further part (as
the Case may be), of the Personal Estate of the Deceased to meet any future
Liability under the said Lease or Agreement for a Lease; and the Executor or
Administrator so distributing the Residuary Estate shall not, after having
assigned the said Lease or Agreement for a Lease, and having, where necessary,
set apart such sufficient Fund as aforesaid, be personally liable in respect of
any subsequent Claim under the said Lease or Agreement for a Lease; but nothing
herein contained shall prejudice the Right of the Lessor or those claiming
under him to follow the Assets of the Deceased into the Hands of the Person or
Persons to or amongst whom the said Assets may have been distributed. | As to liability of Executor or Administrator in
respect of Rents, Covenants or Agreements. |
22. In like Manner, where an Executor or Administrator
liable as such to the Rent, Covenants, or Agreements contained in any
Conveyance on Chief Rent or Rentcharge (where any such Rent be by limitation of
Use, Grant, or Reservation), or Agreement for such Conveyance, granted or
assigned to or made and entered into with the Testator or Intestate whose
Estate is being administered, shall have satisfied all such Liabilities under
the said Conveyance, or Agreement for a Conveyance, as may have accrued due and
been claimed up to the Time of the Conveyance hereafter mentioned, and shall
have set apart a sufficient Fund to answer any future Claim that may be made in
respect of any fixed and ascertained Sum covenanted or agreed by the Grantee to
be laid out on the Property conveyed, or agreed to be conveyed, although the
Period for laying out the same may not have arrived, and shall have conveyed
such Property or assigned the said Agreement for such Conveyance as aforesaid,
to a Purchaser thereof, he shall be at liberty to distribute the Residuary
Personal Estate of the Deceased to and amongst the Parties entitled thereto
respectively, without appropriating any Part or any further Part (as the Case
may be) of the Personal Estate of the Deceased to meet any future Liability
under the said Conveyance or Agreement for a Conveyance; and the Executor or
Administrator so distributing the Residuary Estate shall not, after having made
or executed such Conveyance or Assignment, and having, where necessary, set
apart such sufficient Fund as aforesaid, be personally liable in respect of any
subsequent claim under the said Conveyance, or Agreement for Conveyance; but
nothing herein contained shall prejudice the Right of the Grantor, or those
claiming under him, to follow the Assets of the Deceased into the Hands of the
Person or Persons to or among whom the said Assets may have been distributed. | As to Liability of Executor, etc., in respect of
Rents, etc., in Conveyances on Rents-charge. |
23. Where an Executor or Administrator shall have
given such or the like Notices as in the opinion of the Court in which such
Executor or Administrator is sought to be charged would have been given by the
Court of Chancery in an Administration Suit, for Creditors and others to send
in to the Executor or Administrator their Claims against the Estate of the
Testator or Intestate, such Executor or Administrator shall, at the Expiration
of the Time named in the said Notices or the last of the said Notices for
sending in such Claims, be at liberty to distribute the Assets of the Testator
or Intestate, or any Part thereof, amongst the Parties entitled thereto, having
regard to the Claims of which such Executor or Administrator has then Notice,
and shall not be liable for the Assets or any Part thereof so distributed to
any Person of whose Claim such Executor or Administrator shall not have had
Notice at the time of Distribution of the said Assets or a Part thereof, as the
Case may be; but nothing in the present Act contained shall prejudice the Right
of any Creditor or Claimant to follow the Assets or any Part thereof into the
Hands of the Person or Persons who may have received the same respectively. | As to Distribution of the Assets of Testator or
Intestate after Notice given by Executor or Administrator. |
24. When a Trustee, Executor, or Administrator shall
not, by some Instruments creating his Trust, be expressly forbidden to invest
any Trust Fund on Real Securities, in any Part of the United Kingdom, or on the
Stock of the Bank of England or Ireland or on East India
Stock, it shall be lawful for such Trustee, Executor, or Administrator to
invest such Trust Fund on such Securities or Stock; and he shall not be liable
on that Account as for a Breach of Trust, provided that such Investment shall
in other respects be reasonable and proper. | As to Investments by Trustees. |
[i]Sections 14 and 15 have been repealed
by section 29 of Act 3 of 2002, but only in so far as they apply to deaths
occurring after 1st February, 2002. Sections 14 and 15 originally read as
follows:
"14.
Where there shall be a total Failure of Heirs of the Purchaser, or where any
Land shall be descendible as if an Ancestor had been the Purchaser thereof, and
there shall be a total Failure of the Heirs of such Ancestor, then and in every
such Case the Land shall descend and the Descent shall henceforth be traced
from the Person last entitled to the Land as if he had been the Purchaser
thereof.
[Ch170s15]15.
The last preceding Section shall be read as Part of the Act "For the
Amendment of the Law of Inheritance," of the Session of the Third and
Fourth Years of the Reign of King William the Fourth, Chapter One hundred and
six.".
[ii]Sections 14 and 15 have been repealed
by section 29 of Act 3 of 2002, but only in so far as they apply to deaths
occurring after 1st February, 2002. Sections 14 and 15 originally read as
follows:
"14.
Where there shall be a total Failure of Heirs of the Purchaser, or where any
Land shall be descendible as if an Ancestor had been the Purchaser thereof, and
there shall be a total Failure of the Heirs of such Ancestor, then and in every
such Case the Land shall descend and the Descent shall henceforth be traced
from the Person last entitled to the Land as if he had been the Purchaser
thereof.
[Ch170s15]15.
The last preceding Section shall be read as Part of the Act "For the
Amendment of the Law of Inheritance," of the Session of the Third and
Fourth Years of the Reign of King William the Fourth, Chapter One hundred and
six.".
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