English Property Law
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English property law refers to the law of acquisition, sharing and protection of valuable assets in
England England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe b ...
and
Wales Wales ( cy, Cymru ) is a Countries of the United Kingdom, country that is part of the United Kingdom. It is bordered by England to the Wales–England border, east, the Irish Sea to the north and west, the Celtic Sea to the south west and the ...
. While part of the United Kingdom, many elements of
Scots property law Scots property law governs the rules relating to property found in the legal jurisdiction of Scotland. As a hybrid legal system with both common law and civil law heritage, Scots property law is similar, but not identical, to property law in South ...
are different. In England, property law encompasses four main topics: *
English land law English land law is the law of real property in England and Wales. Because of its heavy historical and social significance, land is usually seen as the most important part of English property law. Ownership of land has its roots in the feudal ...
, or the law of "
real property In English common law, real property, real estate, immovable property or, solely in the US and Canada, realty, is land which is the property of some person and all structures (also called improvements or fixtures) integrated with or affixe ...
" *
English trusts law English trust law concerns the protection of assets, usually when they are held by one party for another's benefit. Trusts were a creation of the English law of property and obligations, and share a subsequent history with countries across the ...
* English personal property law *
United Kingdom intellectual property law United Kingdom intellectual property law is a part of English property law which concerns the rights of intangible but valuable information or rights. It covers in particular, *United Kingdom trade mark law *Copyright law of the United Kingdom ...
Property in land is the domain of the law of
real property In English common law, real property, real estate, immovable property or, solely in the US and Canada, realty, is land which is the property of some person and all structures (also called improvements or fixtures) integrated with or affixe ...
. The law of
personal property property is property that is movable. In common law systems, personal property may also be called chattels or personalty. In civil law systems, personal property is often called movable property or movables—any property that can be moved fr ...
is particularly important for
commercial law Commercial law, also known as mercantile law or trade law, is the body of law that applies to the rights, relations, and conduct of persons and business engaged in commerce, merchandising, trade, and sales. It is often considered to be a branc ...
and
insolvency In accounting, insolvency is the state of being unable to pay the debts, by a person or company ( debtor), at maturity; those in a state of insolvency are said to be ''insolvent''. There are two forms: cash-flow insolvency and balance-sheet i ...
.
Trusts A trust is a legal relationship in which the holder of a right gives it to another person or entity who must keep and use it solely for another's benefit. In the Anglo-American common law, the party who entrusts the right is known as the "settl ...
affect everything in English property law.
Intellectual property Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, cop ...
is also an important branch of the law of property. For unregistered land see
Unregistered land in English law Unregistered land in English law is land that has not been registered with HM Land Registry. Under the residual principles of English land law, for unregistered land proof of title is based upon historical title deeds and a registry for certain c ...
.


Real property

*Statute of
Quia Emptores ''Quia Emptores'' is a statute passed by the Parliament of England in 1290 during the reign of Edward I that prevented tenants from alienating their lands to others by subinfeudation, instead requiring all tenants who wished to alienate the ...
1290 *'' R v Earl of Northumberland'' (1568), known as the ''Case of mines'' *
Law of Property Act 1925 The Law of Property Act 1925c 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 moderni ...
, Land Registration Act 1925 (see also, Land Registration Act 1862) *
Land Registration Act 2002 The Land Registration Act 2002c 9 is an Act of the Parliament of the United Kingdom which repealed and replaced previous legislation governing land registration, in particular the Land Registration Act 1925, which governed an earlier, though sim ...
and
HM Land Registry His Majesty's Land Registry is a non-ministerial department of His Majesty's Government, created in 1862 to register the ownership of land and property in England and Wales. It reports to the Department for Business, Energy and Industrial Strategy ...
*
Land tenure in England Even before the Norman Conquest, there was a strong tradition of landholding in Anglo-Saxon law. When William the Conqueror asserted sovereignty over England in 1066, he confiscated the property of the recalcitrant English landowners. Over the ne ...
*
Fee simple In English law, a fee simple or fee simple absolute is an estate in land, a form of freehold ownership. A "fee" is a vested, inheritable, present possessory interest in land. A "fee simple" is real property held without limit of time (i.e., perm ...
(freehold) *
Concurrent estate In property law, a concurrent estate or co-tenancy is any of various ways in which property is owned by more than one person at a time. If more than one person owns the same property, they are commonly referred to as co-owners. Legal terminolo ...
and Four unities *''
Saunders v Vautier Saunders is a surname of English and Scottish patronymic origin derived from Sander, a mediaeval form of Alexander.See also: Sander (name) People * Ab Saunders (1851–1883), American cowboy and gunman * Al Saunders (born 1947), American foot ...
'' (1841) 4 Beav 115 *
Leasehold A leasehold estate is an ownership of a temporary right to hold land or property in which a lessee or a tenant holds rights of real property by some form of title from a lessor or landlord. Although a tenant does hold rights to real property, a l ...
*'' Tulk v Moxhay'' (1848) 41 ER 1143 *
Countryside and Rights of Way Act 2000 The Countryside and Rights of Way Act 2000 (c. 37), known informally as the CRoW Act or "Right to Roam" Act is a United Kingdom Act of Parliament affecting England and Wales which came into force on 30 November 2000. Right to roam The Act imp ...
*''
Usucaption Usucaption ( la, usucapio), also known as ''acquisitive prescription'', is a concept found in civil law systems and has its origin in the Roman law of property. Usucaption is a method by which ownership of property (i.e. title to the property) c ...
'' *''
The Port of London Authority v Ashmore ''The'' () is a grammatical article in English, denoting persons or things already mentioned, under discussion, implied or otherwise presumed familiar to listeners, readers, or speakers. It is the definite article in English. ''The'' is the m ...
'' [2010
EWCA Civ 30
regarding adverse possession of a river bed.


Personal property

The division of property into real and personal represents in a great measure the division into immovable and movable incidentally recognized in Roman law and generally adopted since. "Things personal," according to Commentaries on the Laws of England, Blackstone, "are goods, money, and all other movables which may attend the owner's person wherever he thinks proper to go". This identification of things personal with movables, though logical in theory, does not, as will be seen, perfectly express the English law, owing to the somewhat anomalous position of chattels real. In England real property is supposed to be superior in dignity to personal property, which was originally of little importance from a legal point of view. This view is the result of feudal ideas, and had no place in the Roman system, in which immovables and movables were dealt with as far as possible in the same manner, and descended according to the same rules. The main differences between real and personal property which still exist in England are: #In real property there can be nothing more than limited ownership; there can be no estate properly so called in personal property, and it may be held in complete ownership. There is nothing corresponding to an estate-tail in personal property; words which in real property would create an estate-tail will give an absolute interest in personalty. A life-interest may, however, be given in personalty, except in articles ''
quae ipso usu consumuntur A number of Latin terms are used in legal terminology and legal maxims. This is a partial list of these terms, which are wholly or substantially drawn from Latin. __TOC__ Common law Civil law Ecclesiastical law See also * B ...
''. Limitations of personal property, equally with those of real property, fall within the rule against perpetuities. #Personal property is not subject to various incidents of real property, such as rent,
dower Dower is a provision accorded traditionally by a husband or his family, to a wife for her support should she become widowed. It was settled on the bride (being gifted into trust) by agreement at the time of the wedding, or as provided by law. ...
or
escheat Escheat is a common law doctrine that transfers the real property of a person who has died without heirs to the crown or state. It serves to ensure that property is not left in "limbo" without recognized ownership. It originally applied to a ...
. #On the death of the owner intestate real property descends to the heir; personal property is divided according to the Statute of Distributions. #Real property as a general rule must be transferred by deed; personal property does not need so solemn a mode of transfer. #Contracts relating to real property must be in writing by the Statute of Frauds; contracts relating to personal property need only be in writing when it is expressly so provided by statute, as, for instance, in the cases falling under s. 17 of the Statute. #A will of lands need not be proved, but a will of personalty or of personal and real property together must be proved in order to give a title to those claiming under it. #Devises of real estate fall as a rule within the Mortmain Acts (see Charity And Charities; Corporation); bequests of personal property, other than chattels real, are not within the act. #Mortgages of real property need not generally be registered; mortgages of personal property for the most part require registration under the
Bills of Sale Act 1878 Bill(s) may refer to: Common meanings * Banknote, paper cash (especially in the United States) * Bill (law), a proposed law put before a legislature * Invoice, commercial document issued by a seller to a buyer * Bill, a bird or animal's beak Plac ...
(see
Pledge Pledge may refer to: Promises * a solemn promise * Abstinence pledge, a commitment to practice abstinence, usually teetotalism or chastity * The Pledge (New Hampshire), a promise about taxes by New Hampshire politicians * Pledge of Allegianc ...
, and
Bill Of Sale A bill of sale is a document that transfers ownership of goods from one person to another. It is used in situations where the former owner transfers possession of the goods to a new owner. Bills of sale may be used in a wide variety of transaction ...
). Personal estate is divided in English law into chattels real and chattels personal; the latter are again divided into choses in possession and choses in action (see Chattel;
Chose Chose (pronounced: , French for "thing") is a term used in common law tradition to refer to rights in property, specifically a combined bundle of rights. A chose describes the enforcement right which a party possesses in an object. The use of ''chos ...
). Interest in personal property may be either absolute or qualified. The latter case is illustrated by animals ''ferae naturae'', in which property is only coextensive with detention. Personal property may be acquired by occupancy (including the ''
accessio ''Accessio'' is a concept from Ancient Roman property law that decided ownership of property (the accessory) which is ''merged'', or ''acceded to'', another piece of property (the principal). In general the owner of the principal thing, whichever i ...
'', ''commixtio'', and ''confusio'' of Roman law), by invention, as
patent A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A p ...
and
copyright A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, education ...
, or by transfer, either by the act of the law (as in
bankruptcy Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debtor ...
,
judgment Judgement (or US spelling judgment) is also known as ''adjudication'', which means the evaluation of evidence to decision-making, make a decision. Judgement is also the ability to make considered decisions. The term has at least five distinct u ...
and
intestacy Intestacy is the condition of the estate of a person who dies without having in force a valid will or other binding declaration. Alternatively this may also apply where a will or declaration has been made, but only applies to part of the estat ...
), or by the act of the party (as in
gift A gift or a present is an item given to someone without the expectation of payment or anything in return. An item is not a gift if that item is already owned by the one to whom it is given. Although gift-giving might involve an expectation ...
,
contract A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tran ...
and
will Will may refer to: Common meanings * Will and testament, instructions for the disposition of one's property after death * Will (philosophy), or willpower * Will (sociology) * Will, volition (psychology) * Will, a modal verb - see Shall and will ...
). There are several cases in which, by statute or otherwise, property is taken out of the class of real or personal to which it seems naturally to belong. By the operation of the equitable doctrine of conversion money directed to be employed in the purchase of land, or land directed to be turned into money, is in general regarded as that species of property into which it is directed to be converted. An example of property ''
prima facie ''Prima facie'' (; ) is a Latin expression meaning ''at first sight'' or ''based on first impression''. The literal translation would be 'at first face' or 'at first appearance', from the feminine forms of ''primus'' ('first') and ''facies'' (' ...
'' real which is treated as personal is an estate '' pur autre vie'', which, since 1740, is distributable as personal property in the absence of a special occupant. Examples of property ''prima facie'' personal which is treated as real are fixtures,
heirloom In popular usage, an heirloom is something that has been passed down for generations through family members. Examples are a Family Bible, antiques, weapons or jewellery. The term originated with the historical principle of an heirloom in En ...
s, such as deeds and family portraits, and shares in some of the older companies, as the New River Company, which are real estate by statute. In ordinary cases shares in companies are personal property, unless the shareholders have individually some interest in the land as land. The terms heritable and movable of
Scots law Scots law () is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland l ...
to a great extent correspond with the real and personal of English law. The main points of difference are: #Leases are heritable as to the succession to the lessee, unless the destination expressly exclude heirs, but are movable as to the fisk. #Money due on mortgages and securities on land is personalty in England. At common law in Scotland debts secured on heritable property are themselves heritable. But by the Titles to Land Consolidation (Scotland) Act 1868, heritable securities are movable as far as regards the succession of the creditor, unless executors are expressly excluded. They still, however, remain heritable ''quoad fiscum'', as between husband and wife, in computing legitim, and as far as regards the succession of the debtor. #Up to 1868 the heir of heritage succeeded to certain movable goods called heirship movables, which bore a strong likeness to the heirlooms of English law. This right of the heir was abolished by the Act of 1868. #
Annuities In investment, an annuity is a series of payments made at equal intervals.Kellison, Stephen G. (1970). ''The Theory of Interest''. Homewood, Illinois: Richard D. Irwin, Inc. p. 45 Examples of annuities are regular deposits to a savings account, m ...
, as having ''tractum futuri temporis'', are heritable, and an obligation to pay them falls upon the heir of the deceased. The law in the United States agrees in most respects with that of England. Heirlooms are unknown, one reason being, no doubt, that the importance of title-deeds is much less than it is in England, owing to the operation of the Registration Acts. Long terms in some states have annexed to them the properties of
freehold estate In English law, a fee simple or fee simple absolute is an estate in land, a form of freehold ownership. A "fee" is a vested, inheritable, present possessory interest in land. A "fee simple" is real property held without limit of time (i.e., pe ...
s. In some states estates ''pur autre vie'' descend like real property; in others an estate ''pur autre vie'' is deemed a freehold only during the life of the grantee; after his death it becomes a chattel real. In yet other states the heir has a scintilla of interest as special occupant. In some states railway rolling stock is considered as purely personal, in others it has been held to be a fixture, and so to partake of the nature of real property. Shares in some of the early American corporations were, like New River shares in England, made real estate by statute, as in the case of the Cape Sable Company in Maryland.Schouler, Law of Personal Property, i. In Louisiana animals employed in husbandry are, and slaves were, regarded as immovables.
Pew A pew () is a long bench seat or enclosed box, used for seating members of a congregation or choir in a church, synagogue or sometimes a courtroom. Overview The first backless stone benches began to appear in English churches in the thirt ...
s in churches are generally real property, but in some states they are made personal property by statute. The assignment of choses in action is generally permitted, and is in most states regulated by statute. U. W.) *'' Carrier's Case'' (1473) 13 Edw. IV, f. 9, pl. 5 (Star Ch. and Exch. Ch.) - on the crime of larcency. *''
Armory v Delamirie , (1722) 1 Strange 505, is a famous English case on personal property law and finder's rights. It is one of the first cases that established possession as a valuable property right and as evidence of ownership. The defendant in the case was Paul ...
'' (1722) K.B., 1 Strange 505, 93 ER 664 *'' Waverley Borough Council v Fletcher''
995 Year 995 ( CMXCV) was a common year starting on Tuesday (link will display the full calendar) of the Julian calendar. Events By place Japan * 17 May - Fujiwara no Michitaka (imperial regent) dies. * 3 June: Fujiwara no Michikane gain ...
4 All ER 756, council had the better right to a brooch found on its land *'' Parker v British Airways Board''
982 Year 982 ( CMLXXXII) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar. Events By place Europe * Summer – Emperor Otto II (the Red) assembles an imperial expeditionary force at Tar ...
1 QB 1004, the finder of a bracelet in Heathrow airport could keep it and the Board did not own it *'' Dearle v Hall'' (1828) 3 Russ 1 *'' R v Knowles, ex parte Somersett'' (Somersett's Case) (1772) 20 State Tr 1; (1772) Lofft 1 - concerning the illegality of property in people (i.e.
slavery Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perf ...
) in England. *'' Thomas v Times Book Company''
966 Year 966 (Roman numerals, CMLXVI) was a common year starting on Monday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * 23 June - Arab-Byzantine Wars, Byzantine-Arab War: Arab-Byzantine ...
1 WLR 911, requirement to make a gift is a true intention, so a person told he could keep the manuscript of a play "if he could find it" was a gift


Trusts

The law relating to trusts of land was adjusted by the
Trusts of Land and Appointment of Trustees Act 1996 The Trusts of Land and Appointment of Trustees Act 1996c 47, usually called "TLATA" or "TOLATA", is an Act of Parliament of the United Kingdom, which altered the law in relation to trusts of land in England, Wales, Scotland and Northern Ireland. B ...
(TOLATA) which came into force in 1997. This had a significant impact, particularly in relation to bankruptcy and the associated importance of the family home - see "''
Re Shaire Re or RE may refer to: Geography * Re, Norway, a former municipality in Vestfold county, Norway * Re, Vestland, a village in Gloppen municipality, Vestland county, Norway * Re, Piedmont, an Italian municipality * Île de Ré, an island off the w ...
" 2001''. There have also been discussions in relation to trusts of land and the
Human Rights Act 1998 The Human Rights Act 1998 (c. 42) is an Act of Parliament of the United Kingdom which received royal assent on 9 November 1998, and came into force on 2 October 2000. Its aim was to incorporate into UK law the rights contained in the European Con ...
. *'' Stack v Dowden'' *''
Strong v Bird ''Strong v Bird'' 874LR 18 Eq 315 is an English property law case. It is an exception to the maxim: ''Equity will not assist a volunteer''. Facts Bird borrowed £1,100 from his stepmother. She was living with him and paying him rent. It was agre ...
''
874 __FORCETOC__ Year 874 ( DCCCLXXIV) was a common year starting on Friday (link will display the full calendar) of the Julian calendar. Events By place Europe * Salomon, duke ('king') of Brittany, is murdered by a faction which includ ...
LR 18 Eq 315, the testators of a stepmother who did not seek to recover a debt could not recover the money, because her released was voluntary. An exception to the rule that equity will not assist a volunteer.


Intellectual property


See also

*
Law of the United Kingdom The United Kingdom has four legal systems, each of which derives from a particular geographical area for a variety of historical reasons: English and Welsh law, Scots law, Northern Ireland law, and, since 2007, purely Welsh law (as a result of ...
*
English law English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, be ...
*
Law of Property Act 1925 The Law of Property Act 1925c 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 moderni ...
*
English contract law English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries ...
**
Break clause A break clause is a term in a contract that allows early termination of the contract before the default end date. In accordance with English property law, such clauses are typical in tenancy agreements, so as to allow a tenancy to come to an en ...
(in tenancy agreements) * UK Property Classification


Notes


References

;Books *C Harpum, S Bridge, and M Dixon, ''Megarry and Wade: The Law of Real Property'' (Sweet and Maxwell 2008) *S Worthington, ''Personal Property Law: Text and Materials'' (Hart 2000) ;Articles *


External links


List of leading property cases on Bailii.org
{{UK law Economy of England Economy of Wales
Property law Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual pro ...