Property Laws in the United Kingdom

In modern political theory, the United Kingdom is often regarded as a country of countries. Therefore, it should not be surprising to learn that the United Kingdom has three property systems that cater to the jurisdiction of the three devolved national administrative entities – England and Wales, Scotland, and Northern Ireland. The property law systems in all three national administrative entities in the United Kingdom follow the tenets of Common Law system. However, there are major differences. Scottish property law system has its roots in Feudal Law system. On the other hand, the property law system of England and Wales has its roots in Roman Law and Northern Ireland are similar to the laws of England and Wales.

Although the United Kingdom is still a constitutional monarchy, the idea that all property is owned by the reigning monarch has been long shelved in the United Kingdom. Private possession underlines the basis of UK property laws and do not just govern the possession but also deal with the owner’s right to use.

UK Property laws make a clear distinction between two types – real and individual property. This is stark contrast to the Civil Law system where the distinction is made between movable and immovable. Real property can only have limited ownership while individual can have absolute ownership. Rent, dower, or escheat is not applicable to personal property under the UK laws. The transfer of ownership of real property can happen only through a notarized deed.

Individual property can be transferred from one person to another without getting a notarized deed. However, real property is automatically inherited by the heir after the demise of individual owner. On the other hand, individual property has to be divided as per the laws laid down in the Statute of Distributions.

Under the English property law system, personal property can be acquired through several means including occupancy, invention, or by transfer, either by the act of the law or by the act of the party. UK Property laws come under the ambit of civil courts. Therefore, any disputes regarding real or individual can be settled only by civil courts in the United Kingdom. The jurisdiction of civil courts is limited to regions within the boundaries specified by the national administrative divisions.