Equitable proprietary interests

Question 1

Historical background

Answer 1

you have a choice of which court to go to, you can go to the court of common law and use one of the perscribed forms or you can take your case to the court of equity and have it heard by the lord chancellor
- although the two courts are at list there are two dofferent ways of thinking.

Question 2

What is a unitary concept of ownership?

Answer 2

where wonership is unitary so you can spit and divide but theres only one right of ownership.
- this is NOT english law

Question 3

Can property interests in land exist at common law and in equity?

Answer 3

Yes.
English law has someone who hold legal title and we may have multiple people who have different types of equitable interest in the property and all of them can be referred to as the owner

Question 4

How many parties can hold a legal title?

Answer 4

One!

Question 5

Validity of Legal proprietary rights

Answer 5

legal interests are binding on the world regardless of notice.

Question 6

validity of equitable rights

Answer 6

equitable rights are proprietary rights but they are weaker then rights that exist at common law as they are not binding on everyone.
- equitable interests are binding on all EXCEPT a deceive purchaser for the value of a legal estate without notice of the equitable interest

Question 7

Structure of the land register

Answer 7

1. registration of title of legal estates
2. registration of subordinate rights

Question 8

Can non-registered interests interests be binding?

Answer 8

its he rules of the land registration act that determine which interests are binding

Question 9

What is Overreaching?

Answer 9

a doctrine that protects buyers against hidden possible interes that might be created informally

Question 10

What happens if an equitable interest is overreached?

Answer 10

It is converted from a proprietary interest into a personal one