This section is from the book "Real Property, An Introductory Explanation Of The Law Relating To Land", by Alfred F Topham. Also available from Amazon: The New Law Of Property.
1285. 13 Ed. I. c. 1. De Bonis,
Created estates tail - see p. 28.
1290. 18 Ed. I. c. 1. Quia Emptores. Abolished subinfeudation - see p. 13.
1536. 27 Hen. VIII. c. 10. Statute of Uses. Discussed and explained on pp. 64 to 66.
1677. 29 Car. II. c. 3. Statute of Frauds.
S. 1. All leases estates interests of freehold or terms of years or any uncertain interest of in to or out of any messuages manors lands tenements or hereditaments made or created by livery and seisin only or be parol and not put in writing and signed by the parties so making or creating the same or their agents thereunto lawfully authorised by writing shall have the force and effect of leases or estates at will only and shall not either in law or equity be deemed or taken to have any other or greater force or effect, any consideration for making any such parol leases or estates or any former law or usuage to the contrary notwithstanding.
S. 2. Except nevertheless all leases not exceeding the term of three years from the making thereof whereupon the rent reserved to the landlord during such term shall amount unto two third parts at the least of the full improved value of the thing demised.
(a) The student should read each of these enactments carefully in conjunction with the explanation and short statement of its effect in the earlier part of the book.
S. 3. And moreover no leases estates or interests either of freehold or terms of years or any uncertain interest not being copyhold or customary interest of in to or out of any messuages manors lands tenements or hereditaments shall at any time after the said 24th day of June (a) be assigned granted or surrendered unless it be by deed or note in writing signed by the party so assigning granting or surrendering the same or their agents thereunto lawfully authorised by writing or by act and operation of law.
S. 7. And be it further enacted that all declarations or creations of trusts or confidences of any lands tenements or hereditaments shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust or by his last will in writing or else they shall be utterly void and of non-effect.
S. 8. Provided always that where any conveyance shall be made of any lands or tenements by which a trust or confidence shall or may arise or result by the implication or construction of law or be transferred or extinguished by any act or operation of law then and in every such case such trust or confidence shall be of the like force and effect as the same would have been if this statute had not been made: anything hereinbefore contained to the contrary notwithstanding.
S. 9. And be it further enacted that all grants and assignments of any trust or confidence shall likewise be in writing signed by the party granting or assigning the same or by such last will or devise or else shall likewise be utterly void and of none effect.
1799. 39 & 40 Geo. III. c. 98. Accumulations Act (Thellusson Act).
S. 1. No person or persons shall after the passing of this Act by any deed or deeds surrender or surrenders will codicil or otherwise howsoever settle or dispose of any real or personal property so and in such manner that the rents issues profits or produce thereof shall be wholly or partially accumulated for any longer term than the life or lives of any such grantor or grantors settler or settlers or the terms of 21 years from the death of
(a) i.e. the 24th of June, 1677, the date of the commencement of the statute.
any such grantor settler divisor or testator or during the minority or respective minorities of any person or persons who shall be living or in ventre sa mere at the time of the death of such grantor devisor or testator or during the minority or respective minorities only of any person or persons who under the uses or trusts of the deed surrender will or other assurances directing such accumulations would for the time being if of full age be entitled unto the rents issues and profits or the interest dividends or annual produce so directed to be accumulated and in every case where any accumulation shall be directed otherwise than as aforesaid such direction shall be null and void and the rents issues profits and produce of such property so directed to be accumulated shall so long as the same shall be directed to be accumulated contrary to the provisions of this Act go to and be received by such person or persons as would have been entitled thereto if such accumulation bad not been directed.
S. 2. Provided always that nothing in this Act contained shall extend to any provision for payment of debts of any grantor settler or devisor or any other person or persons or to any provision for raising portions for any child or children of any grantor settler or devisor or any child or children of any person taking any interest under any such conveyance settlement or devise or to any direction touching the produce of timber or wood upon any lands or tenements but that all such provisions and directions shall and may be made and given as if this Act had not passed.
1832. 2 & 3 Will. IV. c. 71. Prescription Act.
S. 1. No claim which may be lawfully made at the common law by custom prescription or grant to any right of common or other profit or benefit to be taken and enjoyed from or upon any land of our sovereign lord the king his heirs or successors or any land being parcel of the duchy of Lancaster or of the duchy of Cornwall or of any ecclesiastical or lay person or body corporate except such matters and things as are herein specially provided for and except tithes rent and services shall where such right profit or benefit shall have been actuallg taken and enjoyed by any person claiming right thereto without interruption for the full period of thirty years be defeated or destroyed by showing only that such right profit or benefit was first taken and enjoyed at any time prior to such period of thirty years but nevertheless such claim may be defeated in any other way by which the same is now liable to be defeated and when such right profit or benefit shall have been so taken and enjoyed as aforesaid for the full period of sixty years the right thereto shall be deemed absolute and indefeasible unless it shall appear that the same was taken and enjoyed by some consent or agreement expressly made or given for that purpose by deed or writing.