2025 marks 100 years since the Law and Property Act 1925 (and its sibling Acts, the Settled Land Act 1925; the Trustee Act 1925; the Administration of Estates Act 1925; the Land Charges Act 1925 and the Land Registration Act 1925) were introduced by Lord Chancellor Lord Birkenhead and transformed conveyancing as we know it. Prior to 1925, the conveyancing process was far more burdensome and complex than what we deal with today. With most land unregistered and the variation of types of ownership the property market was a pool of uncertainty with undeclared interests. Conveyancing was plagued with various types of ownership, meaning conveyancer investigations into title were extensive and lengthy for potential purchasers.
In conveyancing today, we take for granted some of the radical changes introduced by the Act. Whilst acknowledging that land law remains a complicated area of law, this piece of legislation landmarks the introduction of property ownership becoming more accessible and equitable to the general public by consolidating complex laws and removing outdated forms of land ownership.
What changes came with the Law of Property Act 1925?
- Established two types of property ownership: Freehold and Leasehold.
- Introduced property registration which ensures transparency and security in transactions with its sibling Act, the Land Registration Act 1925
- Standardised rights and interests in land.
- Clarified the position on covenants affecting land.
- Introduced the protection of purchasers against hidden interests on land.
- Welcomed the use of Trusts in transactions and limited the number of joint tenants in relation to a single property to a maximum of four people.
- Abolished the right of “heir at law” upon an owner’s death and introduced the role of personal representatives to devolve estates – Sibling Act the Administration of Estates Act 1925.
The Law of Property Act 1925 laid the foundations that allow us to deliver to you an efficient and smooth property transaction. For everyone who has completed property transactions over the past 100 years we have the Law of Property Act 1925 to thank for enabling us to have a more simplistic approach to the conveyancing process. This milestone reminds us how well drafted legislation can stand the test of time.
We continue to keep a close eye on how land law continues to evolve to ensure we can provide you with the best legal advice when buying or selling your home. For more information regarding buying or selling a property, please contact our team.
