1-19 of 19 Results

  • Keyword: equitable interests x
Clear all

Chapter

Cover Land Law Concentrate

2. The distinction between legal and equitable interests  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter distinguishes between legal and equitable interests in land. The intervention of equity in land law can be seen in two key areas: the development of new equitable interests in land, and the availability of equitable remedies to enforce interests in land. To be legal, the interest must be listed under s 1(2) Law of Property Act 1925 (LPA 1925) and certain formalities must be met in its creation, notably being granted by deed (s 52 LPA 1925). Where these formalities are not met, the interest may have equitable status instead, but only where equity can find a specifically enforceable valid contract to create the interest. All other interests in land can only ever be equitable (s 1(3) LPA 1925). The status of an interest in land as either legal or equitable traditionally determined the rules of enforcement of that interest against third parties: legal interests bound all third parties, whereas equitable interests would only bind third parties who were not bona fide purchasers for value of a legal estate without notice.

Chapter

Cover Land Law

6. Equitable Interests  

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.

Chapter

Cover Land Law

5. The Acquisition of Equitable Interests  

This chapter considers the acquisition question in relation to certain equitable interests, and more specifically the principal circumstances in which equitable property rights can be acquired. The discussion is centred on equitable interests that arise under a trust and on those acquired through the doctrine of proprietary estoppel. Equitable interests that arise under a trust are also known as beneficial interests. Interests that exist under a trust are necessarily equitable, but not all equitable interests require a trust. The chapter first considers how a beneficial interest under a trust can be acquired and how express trusts of land are created before turning to the acquisition of beneficial interests through resulting and constructive trusts. It then describes four types of constructive trust and goes on to explain the doctrine of anticipation. It also assesses the relationship between proprietary estoppel and constructive trusts.

Book

Cover Land Law

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. The fifth edition of Land Law: Text, Cases, and Materials covers all core aspects of land law, including the nature of land and of property rights, registration, human rights, legal estates, legal interests, equitable interests, acquisition of interests in land, trusts of land, the priority of interests in land, co-ownership and interests in the home, leases, easements, covenants, commonhold, and security interests in land. The book provides students with the detailed knowledge and analytical tools required to understand and engage fully with the current topical debates surrounding the subject, including recent reform proposals. The book comprises of eight parts and it looks at the content question, the acquisition question, and priority and the defences question. It also covers different contexts, such as the shared home and neighbours and neighbourhoods.

Chapter

Cover Textbook on Land Law

2. Interests in land  

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter explains how one person may have rights over land owned by another. It identifies the people who may have rights over Trant House—rights that could be enforced not only against Vernon, the fee simple owner, but also against anyone who acquires the property from him. It covers the distinction between legal and equitable interests in land; examples of legal interests; examples of equitable interests, including trusts; modern approaches to protecting interests in land; the distinction between ‘real’ and ‘personal’ property and different types of ‘personal property’; and briefly touches on human rights.

Chapter

Cover Textbook on Land Law

2. Interests in land  

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter explains how one person may have rights over land owned by another. It identifies the people who may have rights over Trant House—rights that could be enforced not only against Vernon, the fee simple owner, but also against anyone who acquires the property from him. The discussions cover interests in land; legal interests; equitable interests; legal and equitable interests compared; the multiplicity of rights; the classification of property; and human rights.

Chapter

Cover Pearce & Stevens' Trusts and Equitable Obligations

25. Fixed trusts  

This chapter looks in detail at the fixed trust. In a fixed trust, the interests of the beneficiaries have already been defined by the settlor. The trustee must carry out those terms and distribute the fund as has been specified. There are six uses of fixed trusts: bare trusts, nominee trusts, custodian trusts, non-trustee custodians, concurrent interests, and consecutive interests. The chapter also discusses the beneficial entitlement to defined interests, as well as the certainty of objects. It then shows how a fixed trust will continue for so long as the trustees hold the trust assets for the beneficiaries. Furthermore, it is possible for the principal or beneficiary under a bare or fixed trust to deal with his equitable interest without terminating the trust.

Chapter

Cover Complete Land Law

3. Creation of Legal and Equitable Rights in Land  

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the changes made by the 1925 legislation. It covers legal estate and interests prior to 1925; s1 Law of Property Act 1925; legal estates and interests existing after 1925; and equitable interests after 1925. The creation of legal and equitable property rights is discussed; also the creation and transfer of legal property rights; the creation of equitable interests in land by express trust; the creation of equitable interests by contract to convey or create a legal estate or interest; treating an informal grant of rights in land as a contract, thus creating an equitable interest in land; grant of an estate or interest by someone with only an equitable interest; and grants of interests which can exist only in equity.

Chapter

Cover Concentrate Questions and Answers Land Law

4. Transfer of Title and Third-Party Rights  

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter looks at transfer of title and third-party rights, including legal and equitable interests; registered land and the Land Registration Act (LRA) 2002; unregistered land and the Land Charges Act (LCA) 1925; and the protection of third-party rights.

Chapter

Cover Land Law

11. Trusts  

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 describes how trusts may arise in relation to land, providing an overview of key situations in which a party may acquire an equitable interests under a trust of land. It considers express, resulting, and constructive trusts of land. A resulting trust can arise in favour of A, where A purchases or contributes to the purchase of land held by B, or in some cases where A transfers land to B without receiving anything in return. Constructive trusts arise in a number of diverse circumstances in which it can be said that it would be unconscionable for the legal owner to assert his or her own beneficial ownership and to deny the beneficial interest of another. They may arise, for example, under the doctrine in Rochefoucauld v Boustead and the Pallant v Morgan equity. The doctrine in Rochefoucauld v Boustead imposes a constructive trust to prevent a transferee of land from fraudulently relying on the absence of compliance with formalities to deny a trust pursuant to which the land was transferred. The Pallant v Morgan constructive trust can arise where one party acquires land pursuant to an informal commercial joint venture and reneges on an agreement that another party will have an interest in the land. The trust has been categorized as a form of ‘common intention constructive trust’ but this categorization is contentious.

Chapter

Cover Textbook on Land Law

22. Mortgages and charges  

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter examines the types of mortgages or charges of land and interests in land which may be created. It also considers the rules regarding their administration and their protection against later acquirers of interests in the land. The discussions cover legal mortgages and charges; equitable mortgages; the rights of the mortgagor; the rights of the mortgagee; mortgagee’s remedies; the right of certain third parties to redeem; the liability of mortgagees, receivers, and valuers for fraud or negligence; the end of a mortgage.

Chapter

Cover Textbook on Land Law

22. Mortgages and charges  

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter examines the types of mortgages or charges of land and interests in land which may be created. It also considers the rules regarding their administration and their protection against later acquirers of interests in the land. The discussions cover legal mortgages and charges; equitable mortgages; the rights of the mortgagor; the rights of the mortgagee; mortgagee’s remedies; the right of certain third parties to redeem; the liability of mortgagees, receivers, and valuers for fraud or negligence; the end of a mortgage.

Chapter

Cover Pearce & Stevens' Trusts and Equitable Obligations

7. Formalities  

This chapter looks at situations where the creation of a valid trust requires special formalities. Firstly, it considers inter vivos declarations of trust, such as trusts of land and personal property, as well as sub-trusts. The chapter then discusses dispositions of subsisting equitable interests. Unlike the declaration of sub-trusts, a different formality requirement applies to dispositions of existing equitable interests, which emphasizes that it must be made in writing. There are, however, some exceptions to this rule, particularly in the context of taxation. In addition, this chapter turns to resulting and constructive trusts and declarations of trusts by will.

Chapter

Cover Complete Equity and Trusts

17. Trusts of the family home  

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. Cohabiting couples could save themselves considerable legal trouble and expense if they make a written declaration of trust when acquiring a home to live in, but most do not. This chapter discusses the following: that cohabitation gives no special legal status; that a trust of land must be in writing; and that resulting and constructive trusts are an exception to the writing requirement. It also looks at the difference between the two categories of trust in Lloyds Bank v Rosset and the difference between the claim to an equitable interest in the property and the quantification of that interest as explained in Stack v Dowden.

Chapter

Cover The Law of Trusts

9. Formalities and secret trusts  

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. The law sometimes imposes a requirement on the form of legal transactions before it will regard those transactions as valid, provable, or enforceable in court, typically a requirement that the transaction be made or recorded in writing. This chapter first discusses the formality that applies when creating a trust. It then turns to the formality for the transfer, assignment, or disposition of already existing equitable interests, that is, the existing rights of beneficiaries under a trust. It considers the specific provisions of the Wills Act 1837 that apply to trusts. In particular, it looks at secret and half-secret trusts—testamentary trusts that fail to comply with the Wills Act.

Book

Cover Land Law

Ben McFarlane, Nicholas Hopkins, and Sarah Nield

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This text incorporates a unique approach to land law which helps students understand how rules work in isolation as well as how they interlink. This approach provides the tools to accomplish high-level analysis quickly. Significant cases are emphasized here and are used to illustrate rules. Topics covered include: an introduction to what land law is, human rights, personal and property rights, and registered title. Chapters also look at the acquisition of equitable interests, trusts of land, leases, mortgages, security interest in land, easements, freehold covenants, and the defences question. Finally, the text ends with an overview of concepts and contexts.

Chapter

Cover Land Law

18. Reform of the Land Registration Act 2002  

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 looks at recent Law Commission proposals to reform the Land Registration Act 2002 (LRA 2002). It focuses on reforms that relate to situations where there are gaps in the protection of a registered party: rectification and overriding interests. It considers the current law on rectification in three-party cases and the reforms proposed by the Law Commission. It considers not only the Law Commission’s proposals on overriding interests, but also other ideas for reform, such as the extension of indemnity payments. The chapter contrasts the rhetoric in the Law Commission’s recent work with that which preceded the LRA 2002 and notes how the new proposals are based on a more nuanced approach, which balances the need of a registered party against other policy concerns.

Chapter

Cover Complete Land Law

4. Protection of Legal and Equitable Property Rights in Unregistered Land  

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the protection of legal and equitable rights in those titles that are still subject to the rules governing unregistered land, including the impact of the Law of Property Act 1925 on equitable interests. Regarding land which is unregistered title, the law divides the existing equitable interests into three groups: those registrable as land charges; those which are ‘overreachable’; and those which are neither registrable as land charges nor overreachable, and are therefore still subject to the doctrine of notice. It investigates the elements of the doctrine of notice and includes cases studies on legal and equitable property rights and constructive notice through failure to investigate. Finally, the position of successors in title to a purchaser without notice is considered.

Chapter

Cover Thompson's Modern Land Law

4. Unregistered Land and the Law of Property Act 1925  

In 1925, England enacted substantial legislation that recast the existing Land Law, and which provided the framework on which modern Land Law was developed for more than seventy-five years. The essential framework remained intact until the enactment of the Land Registration Act 2002, which replaced, and substantially modified, the Land Registration Act 1925. But while the Land Registration Act 2002 is an important piece of legislation relating to land ownership in England, the 1925 legislation will still provide a good deal of the theoretical underpinning of the subject. This chapter discusses the main strategies of the 1925 legislation, focusing on its effect on unregistered land. It first describes Land Law after 1925 before turning to legal estates, legal interests in land, equitable rights, land charges registration under the Land Charges Act 1925, unregistrable interests, and classification of interests.