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Status: Law In Force

Law of Property Act 1925 c. 20

Part II CONTRACTS, CONVEYANCES AN OT!ER INSTR"#ENTS

Co$%eya$ce& a$' ot(er I$&tr)*e$t&This version in force from: +a$)ary 1, 192to pre&e$t

(version 1 of 1)

2.- e$era/ wor'& *p/e' $ co$%eya$ce&.

(1) A conveyance of land shall be deemed to include and shall by virtue of thisAct operate to convey with the land all buildin!s erections fi"tures commonshed!es ditches fences ways waters water#courses liberties privile!eseasements ri!hts and advanta!es whatsoever appertainin! or reputed toappertain to the land or any part thereof or at the time of conveyance

demised occupied or en$oyed with or reputed or %nown as part or parcel of orappurtenant to the land or any part thereof&

(') A conveyance of land havin! houses or other buildin!s thereon shall bedeemed to include and shall by virtue of this Act operate to convey with theland houses or other buildin!s all outhouses erections fi"tures cellars areascourts courtyards cisterns sewers !utters drains ways passa!es li!htswatercourses liberties privile!es easements ri!hts and advanta!eswhatsoever appertainin! or reputed to appertain to the land houses or other

buildin!s conveyed or any of them or any part thereof or at the time ofconveyance demised occupied or en$oyed with or reputed or %nown as part or

parcel of or appurtenant to the land houses or other buildin!s conveyed orany of them or any part thereof&

() A conveyance of a manor shall be deemed to include and shall by virtue ofthis Act operate to convey with the manor all pastures feedin!s wasteswarrens commons mines minerals uarries fur*es trees woodsunderwoods coppices and the !round and soil thereof fishin!s fisheries

fowlin!s courts leet courts baron and other courts view of fran%pled!e and allthat to view of fran%pled!e doth belon! mills mulctures customs tolls duties

reliefs heriots fines sums of money amerciaments waifs estrays chief#rentsuitrents rentschar!e rents sec% rents of assi*e fee farm rents servicesroyalties $urisdictions franchises liberties privile!es easements profitsadvanta!es ri!hts emoluments and hereditaments whatsoever to the manorappertainin! or reputed to appertain or at the time of conveyance demisedoccupied or en$oyed with the same or reputed or %nown as part parcel ormember thereof&

For the purposes of this subsection the ri!ht to compensation for manorial

incidents on the e"tin!uishment thereof shall be deemed to be a ri!htappertainin! to the manor&

(+) This section applies only if and as far as a contrary intention is not e"pressedin the conveyance and has effect sub$ect to the terms of the conveyance and to

the provisions therein contained&

(,) This section shall not be construed as !ivin! to any person a better title toany property ri!ht or thin! in this section mentioned than the title which the

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conveyance !ives to him to the land or manor e"pressed to be conveyed or asconveyin! to him any property ri!ht or thin! in this section mentioned furtheror otherwise than as the same could have been conveyed to him by theconveyin! parties&

(-) This section applies to conveyances made after the thirty#first day of.ecember ei!hteen hundred and ei!hty#one&

1'

1& Act applied by /uildin! Act 10+ (c& ,,) s& 123(') Land 4e!istration Act 10', (c& '1) ss& - -0() S&4& 5 610',7120 A!riculture (8iscellaneous 9rovisions) Act 10+1 (c& ,2) s& (+) Finance Act 10+0 (c& +3) s& +2(+)(b)

i!hways Act 10,0 (c& ',) s& 11() and ousin! Act 10-+ (c& ,-) s& 2(,); e"tended by 9ublic ealth Act 10- (c&+0) s& '01(+)

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A$$otato$

Secto$ 2

Ca&e Note3

@The established rules as to the operation of section -' are not in dispute in thiscase& In a case based on the claimed ri!ht bein! en$oyed with? the landconveyed the operation of the section turns upon whether the claimed ri!ht wasen$oyed in fact& As re!ards section -'(+) of the 10', Act which refers to thepossibility of a contrary intention the search is for a contrary intention

e"pressed in the conveyance?& The fact that the claimed ri!ht is not e"pressly!ranted does not amount to the e"pression of a contrary intention& Further the

e"press !rant of a more limited ri!ht would not by itself amount to thee"pression of an intention contrary to a wider !rant&B (Loveluc%#Cdwards v Ideal

.evelopments Ltd D'21'E C

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the court is simply called upon to identify which privile!es easements ri!hts andadvanta!es were in the words of s&-'(1) appertainin! to the land sold oren$oyed with it at the date of the sale& Sub$ect to those ri!hts bein! capable ofta%in! effect as a le!al easement then they are included in the conveyance& Theoperation of s&-' therefore depends upon proof of the prior e"ercise of suchri!hts and the most common cases of implied !rant under the statute are where

the dominant tenement has been let prior to the sale with the benefit of ri!htsover the servient tenement which are then retained as incidents of the freehold

of the dominant tenement when it is sold& This was the case relied upon by 8rsAlford&

@This has led to the view that s&-' cannot operate to pass the benefit of uasi#easements to the purchaser unless there has been diversity of occupation prior

to the sale&

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