Property law governs the ownership, use and transfer of property, both residential and commercial. Whether you’re buying a home, renting out a flat or involved in a dispute, it pays to have a basic understanding.

Core concepts of property law

At its core, property law in the UK distinguishes between two main types: real and personal. Real property refers to land and anything attached to it, such as buildings or trees. Personal property includes ‘movables’ like furniture and vehicles.

One of the main distinctions elsewhere is between the concepts of “ownership” and “possession.” Ownership refers to the legal right to control a property, whereas possession is the physical control or occupation of it. It’s possible to possess a property without owning it, such as in a tenancy arrangement.

Another key concept is the “estate in land,” which refers to the degree of interest a person has in land or property. The most common types are freehold and leasehold. Freehold ownership gives the owner indefinite ownership of the land and the buildings on it, while leasehold ownership provides the right to use the land for a specified period, after which it reverts to the freeholder.

Key legislation in property law

A few key pieces of legislation form the backbone of property law in the UK. The Law of Property Act 1925 is one of the most important because it streamlined the process of transactions and set out the rules for land ownership.

Another crucial piece of legislation is the Land Registration Act 2002. This requires most land in England and Wales to be registered with the Land Registry, providing a public record of ownership.

For those involved in renting, the Housing Act 1988 is particularly relevant. It governs the relationship between landlords and tenants, outlining rights and responsibilities on both sides.

Property transactions

Property transactions in the UK most commonly involve buying and selling assets such as new build homes, older properties and pieces of land.

The process begins with an offer, followed by acceptance, leading to the exchange of contracts. At this point, the buyer and seller are legally committed to the transaction. The final stage is “completion,” where ownership is transferred to the buyer.

Conveyancing is the legal process of transferring ownership from one person to another. It involves checking the property’s title, arranging searches and ensuring that there are no issues that could affect the buyer’s ability to purchase.

Property disputes

Disputes over land and buildings can occur in various contexts, including boundary disputes, disagreements between landlords and tenants and issues related to the ownership or use of land.

When such disputes occur, they can often be resolved through negotiation or mediation. However, if an agreement can’t be reached, the matter may need to be settled in court. Consulting a property law expert is always advised in cases such as these.