Section 137: Dealings with life interests, reversions and other equitable interests.

Law of Property Act 1925 · 1925 c. 20View on legislation.gov.uk

Part IV: Equitable Interests and things in Action

A notice, otherwise than in writing, given to, or received by, a trustee after the commencement of this Act as respects any dealing with an equitable interest in real or personal property, shall not affect the priority of competing claims of purchasers in that equitable interest.

Where, as respects any dealing with an equitable interest in real or personal property—

the trustees are not persons to whom a valid notice of the dealing can be given; or
there are no trustees to whom a notice can be given; or
for any other reason a valid notice cannot be served, or cannot be served without unreasonable cost or delay;
a memorandum of the dealing be endorsed, written on or permanently annexed to the instrument creating the trust;
the instrument be produced to him by the person having the possession or custody thereof to prove that a sufficient memorandum has been placed thereon or annexed thereto.

Such memorandum shall, as respects priorities, operate in like manner as if notice in writing of the dealing had been given to trustees duly qualified to receive the notice at the time when the memorandum is placed on or annexed to the instrument creating the trust.

Nothing in this section affects any priority acquired before the commencement of this Act.

Where a notice in writing of a dealing with an equitable interest in real or personal property has been served on a trustee under this section, the trustees from time to time of the property affected shall be entitled to the custody of the notice, and the notice shall be delivered to them by any person who for the time being may have the custody thereof; and subject to the payment of costs, any person interested in the equitable interest may require production of the notice.

The liability of the estate owner of the legal estate affected to produce documents and furnish information to persons entitled to equitable interests therein shall correspond to the liability of a trustee for sale to produce documents and furnish information to persons entitled to equitable interests in the proceeds of sale of the land.

This section does not apply until a trust has been created, and in this section “dealing” includes a disposition by operation of law.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.