English property law is the law of acquisition, sharing and protection of valuable assets in
England
England is a Countries of the United Kingdom, country that is part of the United Kingdom. It is located on the island of Great Britain, of which it covers about 62%, and List of islands of England, more than 100 smaller adjacent islands. It ...
and
Wales
Wales ( ) is a Countries of the United Kingdom, country that is part of the United Kingdom. It is bordered by the Irish Sea to the north and west, England to the England–Wales border, east, the Bristol Channel to the south, and the Celtic ...
. 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.
In Scots law, the term 'property' does not solely describe land. Instead the term 'a person's property' is used when describing objects or 'thi ...
are different. In England, property law encompasses four main topics:
*
English land law, or the law of "
real property
In English common law, real property, real estate, immovable property or, solely in the US and Canada, realty, refers to parcels of land and any associated structures which are the property of a person. For a structure (also called an Land i ...
"
*
English trusts law
English trust law concerns the protection of assets, usually when they are held by one party for another's benefit. Trust law, Trusts were a creation of the English law of English property law, property and English contract law, obligations, a ...
*
English personal property law
*
United Kingdom intellectual property law
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, refers to parcels of land and any associated structures which are the property of a person. For a structure (also called an Land i ...
. The law of
personal property
Personal property is property that is movable. In common law systems, personal property may also be called chattels or personalty. In civil law (legal system), civil law systems, personal property is often called movable property or movables—a ...
is particularly important for
commercial law
Commercial law (or business law), which is also known by other names such as mercantile law or trade law depending on jurisdiction; is the body of law that applies to the rights, relations, and conduct of Legal person, persons and organizations ...
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 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, co ...
is also an important branch of the law of property. For unregistered land see
Unregistered land in English law.
Real property
Land law, or the law of "real" property, is the most significant area of property law that is typically compulsory on university courses. Although capital, often held in
corporations
A corporation or body corporate is an individual or a group of people, such as an association or company, that has been authorized by the State (polity), state to act as a single entity (a legal entity recognized by private and public law as ...
and
trusts, has displaced land as the dominant repository of social wealth, land law still determines the quality and cost of people's home life, where businesses and industry can be run, and where agriculture, forestry or water resources are managed.
*Statute of
Quia Emptores
is a statute passed by the Parliament of England in 1290 during the reign of Edward I of England, Edward I that prevented Tenement (law), tenants from Alienation (property law), alienating (transferring) their lands to others by subinfeudati ...
1290
*''
R v Earl of Northumberland'' (1568), known as the ''Case of mines''
*
Law of Property Act 1925
The Law of Property Act 1925 ( 15 & 16 Geo. 5. c. 20) is an act of the Parliament of the United Kingdom. It forms part of an interrelated programme of legislation introduced by Lord Chancellor Lord Birkenhead between 1922 and 1925. The progr ...
, Land Registration Act 1925 (see also, Land Registration Act 1862)
*
Land Registration Act 2002
The Land Registration Act 2002 (c. 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 ...
and
HM Land Registry
*
Land tenure in England
*
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., pe ...
(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'' (1841) 4 Beav 115
*
Leasehold
A leasehold estate is an ownership of a temporary right to hold land or property in which a Lease, lessee or a tenant has rights of real property by some form of title (property), title from a lessor or landlord. Although a tenant does hold right ...
*''
Tulk v Moxhay'' (1848) 41 ER 1143
*
Countryside and Rights of Way Act 2000
*''
Usucaption''
*''
The Port of London Authority v Ashmore'' [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''. 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 settlement (law), settled on the bride (being given into trust instrument, trust) by agreement at the time of t ...
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 t ...
.
#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
The Statute of Frauds ( 29 Cha. 2. c. 3) (1677) is an act of the Parliament of England. In its original form it required that certain types of contracts, wills, and grants, and assignment or surrender of leases or interest in real property mu ...
; 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 (see
Pledge, 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).
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'', ''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 sufficiency of disclosure, enabling discl ...
and
copyright
A copyright is a type of intellectual property that gives its owner the exclusive legal 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, ...
, 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 deb ...
,
judgment
Judgement (or judgment) is the evaluation of given circumstances to make a decision. Judgement is also the ability to make considered decisions.
In an informal context, a judgement is opinion expressed as fact. In the context of a legal trial ...
and
intestacy
Intestacy is the condition of the estate of a person who dies without a legally valid will, resulting in the distribution of their estate under statutory intestacy laws rather than by their expressed wishes. Alternatively this may also apply ...
), or by the act of the party (as in
gift
A gift or present is an item given to someone (who is not already the owner) without the expectation of payment or anything in return. Although gift-giving might involve an expectation of reciprocity, a gift is intended to be free. In many cou ...
,
contract
A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of thos ...
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 ' ("first") and ' ("face"), both in the a ...
'' real which is treated as personal is an estate ''
pur autre vie'', which, since the
Common Recoveries, etc. Act 1740 (
14 Geo. 2. c. 20), 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 ...
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 List of country legal systems, legal system of Scotland. It is a hybrid or mixed legal system containing Civil law (legal system), civil law and common law elements, that traces its roots to a number of different histori ...
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 (
31 & 32 Vict. c. 101), 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 Titles to Land Consolidation (Scotland) Act 1868.
#
Annuities
In investment, an annuity is a series of payments made at equal intervals based on a contract with a lump sum of money. Insurance companies are common annuity providers and are used by clients for things like retirement or death benefits. Examples ...
, 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 estates. 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.
Pews 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
''Carrier's Case'' (''Anonymous v. The Sheriff of London'', ''The Case of Carrier Who Broke Bulk'') (1473) was a landmark English court case in the history of the definition of larceny.Rethinking Criminal Law, 68, (1978), Fletcher''Criminal La ...
'' (1473) 13 Edw. IV, f. 9, pl. 5 (Star Ch. and Exch. Ch.) - on the crime of larcency.
*''
Armory v Delamirie'' (1722) K.B., 1 Strange 505, 93 ER 664
*''
Waverley Borough Council v Fletcher''
995
Year 995 (Roman numerals, CMXCV) was a common year starting on Tuesday of the Julian calendar.
Events
By place
Japan
* 17 May - Fujiwara no Michitaka (imperial regent) dies.
* 3 June: Fujiwara no Michikane gains power and becomes Rege ...
4 All ER 756, council had the better right to a brooch found on its land
*''
Parker v British Airways Board''
9821 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 is the ownership of a person as property, especially in regards to their labour. Slavery typically involves compulsory work, with the slave's location of work and residence dictated by the party that holds them in bondage. Enslavemen ...
) in England.
*''
Thomas v Times Book Company''
9661 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 (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" 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 (United Kingdom), 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 ...
.
*''
Stack v Dowden
''Stack v Dowden'' [2007UKHL 17is a leading English property law case concerning the division of interests in family property after the breakdown of a cohabitation relationship.
Facts
Mr Stack and Ms Dowden were in a long-term relationship with ...
''
*''Strong v Bird'' [1874] 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 three distinctly different legal systems, each of which derives from a particular geographical area for a variety of historical reasons: English law (in the joint jurisdiction of England and Wales), Scots law, Northern ...
*
English law
English law is the common law list of national legal systems, legal system of England and Wales, comprising mainly English criminal law, criminal law and Civil law (common law), civil law, each branch having its own Courts of England and Wales, ...
*
Law of Property Act 1925
The Law of Property Act 1925 ( 15 & 16 Geo. 5. c. 20) is an act of the Parliament of the United Kingdom. It forms part of an interrelated programme of legislation introduced by Lord Chancellor Lord Birkenhead between 1922 and 1925. The progr ...
*
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 ...
(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
{{Property law by jurisdiction
English property 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 prope ...