Conceptualisation of Real Property: Legal Perspective

Abstract

English Law of Real property was founded on Feudalism. Though such system of society ceased to exist in England more than two centuries ago, the English Law of Real property still continued to have its foundation on the obsolete legal notions pertinent to that system. So the law relating to real property was filled with artificial technicalities and complexities. To overcome this difficulty and to bring radical changes in the law relating to real property the Law of Property Act, 1922 was enacted. However this Act could not come into operation before most of its provisions were repealed and incorporated in a set of modern laws of property enacted in 1925. Purpose of these legislations was a two fold one viz., to simplify the law and to facilitate the transfer of land. Land and personal property were considered as different in English law. This technical division was mainly recognised in the matter of devolution on intestacy.