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Land LawText, Cases and Materials

Land Law: Text, Cases and Materials (5th edn)

Ben McFarlane, Nicholas Hopkins, and Sarah Nield
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date: 03 June 2023

p. 1726. Equitable Interestslocked

p. 1726. Equitable Interestslocked

  • Ben McFarlane,
  • Nicholas Hopkins
  •  and Sarah Nield


All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter explores the content of equitable interests in land, and considers how such rights differ from personal rights and also from legal estates and interests. Equitable interests in land are capable of being asserted against third parties and so differ from personal rights. The content and acquisition questions are answered differently, depending on whether B claims a legal or an equitable property right. It is also noted that, in general, equitable interests in land, unlike legal estates and interests, do not bind strangers who interfere with the land. Equitable interests also depend on A’s coming under a duty to B. It is therefore suggested that equitable property rights are conceptually different from legal property rights.

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