| Guvnor

Enforcement: No single statutory enforcer
Status: Amended (in force with amendments)
Penalty ceiling: Regulated

Foundational private property law governing the creation, transfer, and discharge of legal and equitable interests in land and personal property. Rights and obligations under the Act are enforced through the civil courts (County Court and High Court Chancery Division). No statutory regulator administers or enforces the Act against businesses.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person3 Director or Officer1

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Director or Officer — also bound by 429 other Acts

Insolvency (England and Wales) Rules 2016 162 duties

Companies Act 2006 126 duties

Insolvency Act 1986 77 duties

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Building Societies Act 1986 32 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

General Principles as to Legal Estates, Equitable Interests and Powers

0 of 37 sections shown

37 other sections in this Part — procedural and definitional

s.001 Legal estates and equitable interests.

s.002 Conveyances overreaching certain equitable interests and powers.

s.003 Manner of giving effect to equitable interests and powers.

s.004 Creation and disposition of equitable interests.

s.005 Satisfied terms, whether created out of freehold or leasehold land to cease.

s.006 Saving of lessors’ and lessees’ covenants.

s.007 Saving of certain legal estates and statutory powers.

s.008 Saving of certain legal powers to lease.

s.009 Vesting orders and dispositions of legal estates operating as conveyances by an estate owner.

s.010 Title to be shown to legal estates.

s.011 Registration in Middlesex and Yorkshire as respects legal estates.

s.012 Limitation and Prescription Acts.

s.013 Effect of possession of documents.

s.014 Interests of persons in possession.

s.015 Presumption that parties are of full age.

s.016 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s.019 Effect of conveyances of legal estates to infants.

s.020 Infants not to be appointed trustees.

s.021 Receipts by married infants.

s.022 Conveyances on behalf of persons suffering from mental disorder and as to land held by them in trust.

s.023 Duration of trusts for sale.

s.024 Appointment of trustees of land.

s.025 Power to postpone sale.

s.026 Consents to the execution of a trust for sale.

s.027 Purchaser not to be concerned with the trusts of the proceeds of sale which are to be paid to two or more trustees or to a trust corporation.

s.028 Powers of management, &c. conferred on trustees for sale.

s.029 Delegation of powers of management by trustees for sale.

s.030 Powers of court where trustees for sale refuse to exercise powers.

s.031 s.31

s.032 Implied trust for sale in personalty settlements.

s.033 Application of

s.034 Effect of future dispositions to tenants in common.

s.035 Meaning of the statutory trusts.

s.036 Joint tenancies.

s.037 Rights of husband and wife.

s.038 Party structures.

s.039 Transitional provisions in First Schedule.

Part 2

Contracts, Conveyances and other Instruments

0 of 46 sections shown

46 other sections in this Part — procedural and definitional

s.040 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s.041 Stipulations not of the essence of a contract.

s.042 Provisions as to contracts.

s.043 Rights protected by registration.

s.044 Statutory commencements of title.

s.045 Other statutory conditions of sale.

s.046 Forms of contracts and conditions of sale.

s.047 Application of insurance money on completion of a sale or exchange.

s.048 Stipulations preventing a purchaser, lessee, or underlessee from employing his own solicitor to be void.

s.049 Applications to the court by vendor and purchaser.

s.050 Discharge of incumbrances by the court on sales or exchanges.

s.051 Lands lie in grant only.

s.052 Conveyances to be by deed.

s.053 Instruments required to be in writing.

s.054 Creation of interests in land by parol.

s.055 Savings in regard to last two sections.

s.056 Persons taking who are not parties and as to indentures.

s.057 Description of deeds.

s.058 Provisions as to supplemental instruments.

s.059 Conditions and certain covenants not implied.

s.060 Abolition of technicalities in regard to conveyances and deeds.

s.061 Construction of expressions used in deeds and other instruments.

s.062 General words implied in conveyances.

s.063 All estate clause implied.

s.064 Production and safe custody of documents.

s.065 Reservation of legal estates.

s.066 Confirmation of past transactions.

s.067 Receipt in deed sufficient.

s.068 Receipt in deed or indorsed evidence.

s.069 Receipt in deed or indorsed authority for payment to solicitor.

s.070 Partial release of security from rentcharge.

s.071 Release of part of land affected from a judgment.

s.072 Conveyances by a person to himself, &c.

s.073 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s.074 Execution of instruments by or on behalf of corporations.

s.074 Execution of instrument as a deed

s.075 Rights of purchaser as to execution.

s.076 Covenants for title.

s.077 Implied covenants in conveyances subject to rents.

s.078 Benefit of covenants relating to land.

s.079 Burden of covenants relating to land.

s.080 Covenants binding land.

s.081 Effect of covenant with two or more jointly.

s.082 Covenants and agreements entered into by a person with himself and another or others.

s.083 Construction of implied covenants.

s.084 Power to discharge or modify restrictive covenants affecting land.

Part 3

Mortgages, Rentcharges, and Powers of Attorney

4 of 47 sections shown

s.095 Obligation to transfer instead of re-conveying, and as to right to take possession. Regulated

Mortgagee must assign debt and convey property to third party on mortgagor's directionAny Person

s.103 Regulation of exercise of power of sale. Regulated

Do not exercise power of sale unless conditions satisfiedAny Person

s.109 Appointment, powers, remuneration and duties of receiver. Regulated

Apply income from mortgaged property in the statutory orderDirector or Officer

s.110 Effect of bankruptcy of the mortgagor on the power to sell or appoint a receiver. Regulated

Mortgagees must obtain court leave before selling or appointing receiver after mortgagor's bankruptcyAny Person

43 other sections in this Part — procedural and definitional

s.085 Mode of mortgaging freeholds.

s.086 Mode of mortgaging leaseholds.

s.087 Charges by way of legal mortgage.

s.088 Realisation of freehold mortgages.

s.089 Realisation of leasehold mortgages.

s.090 Realisation of equitable charges by the court.

s.091 Sale of mortgaged property in action for redemption or foreclosure.

s.092 Power to authorise land and minerals to be dealt with separately.

s.093 Restriction on consolidation of mortgages.

s.094 Tacking and further advances.

s.096 Regulations respecting inspection, production and delivery of documents, and priorities.

s.097 Priorities as between puisne mortgages.

s.098 Actions for possession by mortgagors.

s.099 Leasing powers of mortgagor and mortgagee in possession.

s.100 Powers of mortgagor and mortgagee in possession to accept surrenders of leases.

s.101 Powers incident to estate or interest of mortgagee.

s.102 Provision as to mortgages of undivided shares in land.

s.104 Conveyance on sale.

s.105 Application of proceeds of sale.

s.106 Provisions as to exercise of power of sale.

s.107 Mortgagee’s receipts, discharges, &c.

s.108 Amount and application of insurance money.

s.111 Effect of advance on joint account.

s.112 Notice of trusts on transfer of mortgage.

s.113 Notice of trusts affecting mortgage debts.

s.114 Transfers of mortgages.

s.115 Reconveyances of mortgages by endorsed receipts.

s.116 Cesser of mortgage terms.

s.117 Forms of statutory legal charges.

s.118 Forms of statutory transfers of legal charges.

s.119 Implied covenants, joint and several.

s.120 Form of discharge of statutory mortgage or charge.

s.120 Interpretation

s.120 Regulated rentcharges: notice of arrears before enforcement

s.120 Service of notice under section 120B: additional requirement

s.120 Regulated rentcharge arrears: administration charges

s.121 Remedies for the recovery of annual sums charged on land.

s.122 Creation of rentcharges charged on another rentcharge and remedies for recovery thereof.

s.122 Contrary provision of no effect

s.123 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s.124 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s.125 †Powers of attorney relating to land to be filed.

s.126 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 4

Equitable Interests and things in Action

0 of 9 sections shown

9 other sections in this Part — procedural and definitional

s.130 Creation of entailed interests in real and personal property.

s.131 Abolition of the rule in Shelley’s case.

s.132 As to heirs taking by purchase.

s.133 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s.134 Restriction on executory limitations.

s.135 Equitable waste.

s.136 Legal assignments of things in action.

s.137 Dealings with life interests, reversions and other equitable interests.

s.138 Power to nominate a trust corporation to receive notices.

Part 5

Leases and Tenancies

0 of 16 sections shown

16 other sections in this Part — procedural and definitional

s.139 Effect of extinguishment of reversion.

s.140 Apportionment of conditions on severance.

s.141 Rent and benefit of lessee’s covenants to run with the reversion.

s.142 Obligation of lessor’s covenants to run with reversion.

s.143 Effect of licences granted to lessees.

s.144 No fine to be exacted for licence to assign.

s.145 Lessee to give notice of ejectment to lessor.

s.146 Restrictions on and relief against forfeiture of leases and underleases.

s.147 Relief against notice to effect decorative repairs.

s.148 Waiver of a covenant in a lease.

s.149 Abolition of interesse termini, and as to reversionary leases and leases for lives.

s.150 Surrender of a lease, without prejudice to underleases with a view to the grant of a new lease.

s.151 Provision as to attornments by tenants.

s.152 Leases invalidated by reason of non-compliance with terms of powers under which they are granted.

s.153 Enlargement of residue of long terms into fee simple estates.

s.154 Application of Part V. to existing leases.

Part 6

Powers

0 of 6 sections shown

6 other sections in this Part — procedural and definitional

s.155 Release of powers simply collateral.

s.156 Disclaimer of power.

s.157 Protection of purchasers claiming under certain void appointments.

s.158 Validation of appointments where objects are excluded or take illusory shares.

s.159 Execution of powers not testamentary.

s.160 Application of Part VI. to existing powers.

Part 7

Perpetuities and Accumulations

0 of 6 sections shown

6 other sections in this Part — procedural and definitional

s.161 Abolition of the double possibility rule.

s.162 Restrictions on the perpetuity rule.

s.163 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s.164 General restrictions on accumulation of income.

s.165 Qualification of restrictions on accumulation.

s.166 Restriction on accumulation for the purchase of land.

Part 8

Married Women and Lunatics

0 of 2 sections shown

2 other sections in this Part — procedural and definitional

s.167 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s.171 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 9

Voidable Dispositions

0 of 3 sections shown

3 other sections in this Part — procedural and definitional

s.172 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s.173 Voluntary disposition of land how far voidable as against purchasers.

s.174 Acquisitions of reversions at an under value.

Part 10

Wills

0 of 5 sections shown

5 other sections in this Part — procedural and definitional

s.175 Contingent and future testamentary gifts to carry the intermediate income.

s.176 Power for tenant in tail in possession to dispose of property by specific devise or bequest.

s.177 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s.178 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s.179 Prescribed forms for reference in wills.

Part 11

Miscellaneous

0 of 21 sections shown

21 other sections in this Part — procedural and definitional

s.180 Provisions as to corporations.

s.181 Dissolution of a corporation.

s.182 Protection of solicitor and trustees adopting Act.

s.183 Fraudulent concealment of documents and falsification of pedigrees.

s.184 Presumption of survivorship in regard to claims to property.

s.185 Merger.

s.186 Rights of pre-emption capable of release.

s.187 Legal easements.

s.188 Power to direct division of chattels.

s.189 Indemnities against rents.

s.190 Equitable apportionment of rents and remedies for non-payment or breach of covenant.

s.191 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s.192 Apportionment of charges payable for redemption of tithe rentcharge.

s.193 Rights of the public over commons and waste lands.

s.194 Restrictions on inclosure of commons.

s.195 Equitable charges in right of judgment debt, &c.

s.196 Regulations respecting notices.

s.197 Notice of memorials registered in Middlesex and Yorkshire.

s.198 Registration under the Land Charges Act, 1925, to be notice.

s.199 Restrictions on constructive notice.

s.200 Notice of restrictive covenants and easements.

Part 12

Construction, Jurisdiction, and General Provisions

0 of 9 sections shown

9 other sections in this Part — procedural and definitional

s.201 Provisions of Act to apply to incorporeal hereditaments.

s.202 Provisions as to enfranchisement of copyholds, &c.

s.203 Payment into court, jurisdiction and procedure.

s.204 Orders of court conclusive.

s.205 General definitions.

s.206 Forms of instruments and examples of abstracts.

s.207 Repeals as respects England and Wales.

s.208 Application to the Crown.

s.209 Short title, commencement, and extent.

Schedules

0 of 4 shown

4 other schedules

s.schedule fifth para.p150 Schedule FIFTH para.p150

s.schedule first para.3a The county court has jurisdiction under proviso (iii) to paragraph...

s.schedule first para.9 No stamp duty shall become payable by reason only of...

s.schedule fourth para.wrapper1n2 Schedule FOURTH para.wrapper1n2

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