Plain Language: Drafting and Property Law

Abstract

The move towards the use of "plain language" in law is now evident in many countries. It is manifested in a "plainer" style of legislation, and plainer, simpler forms of agreements and contracts. This article considers the application of plain language to property statutes and documents. It discusses a number of assumptions made about the use of plain language, and then tests these assumptions in the light of modern research. The research discussed includes findings about the "safety" of plain language, efficiencies found in the use of plain language, and judicial and client attitudes to the use of plain language. The article concludes that, in the light of this research, there is no good reason to avoid using plain language in property-related statutes and documents.

Keywords: plain language, plain english, modern drafting, legal drafting, property, property law, real property

JEL Classification: K11