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(p. 176) 6. Equitable interests 

(p. 176) 6. Equitable interests
(p. 176) 6. Equitable interests

Ben McFarlane

, Nicholas Hopkins

, and Sarah Nield

Page of

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date: 26 August 2019

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 each of personal rights and legal estates and interests. Equitable interests in land are capable of being asserted against third parties. They have a power lacking in personal rights. The content and acquisition questions are answered differently depending on whether B claims a legal or equitable property right. It is noted that equitable interest in land depends on A's coming under a duty to B. Moreover, as observed, equitable property rights are conceptually different from legal property rights.

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