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Concept in common law legal systems
In law, an equitable interest is an "interest held by virtue of an equitable title (a title that indicates a beneficial interest in property and that
Equitable_interest
Set of legal principles supplementing but distinct from the Common Law
of Chancery, which created a set of equitable doctrines distinct from the rest of English common law. The equitable jurisdiction of a court of equity spanned
Equity_(law)
British life insurance company
The Equitable Life Assurance Society (Equitable Life), founded in 1762, is a life insurance company in the United Kingdom. The world's oldest mutual insurer
The Equitable Life Assurance Society
The_Equitable_Life_Assurance_Society
Security on property or debt
which an equitable lien will be imposed. In Re Stucley [1906] 1 Ch 67, a vendor of a reversionary interest in a trust fund sold the interest to the trustee
Lien
Canadian bank
Equitable Bank is a Canadian bank that specializes in residential and commercial real estate lending, as well as personal banking through its digital
Equitable_Bank
Bundle of rights to a property
a piece of property in which a party may own either a legal interest or equitable interest. The rights in the bundle may be separated and held by different
Title_(property)
Value of a person's assets minus their liabilities
legal title to property, while the beneficiary is said to have an equitable interest in the property. Estate tax Estate tax in the United States Estate
Estate_(law)
Principles that govern the operation of equity within English law
or equitable maxims are legal maxims that serve as a set of general principles or rules that illustrate the way in which equity operates. Equitable maxims
Maxims_of_equity
Concept in law
Equitable remedies are judicial remedies developed by courts of equity from about the time of Henry VIII to provide more flexible responses to changing
Equitable_remedy
In law, the transfer of ownership of a thing from one person to another
money. The rights may be vested or contingent, and may include an equitable interest. Mortgages and loans are relatively straightforward and amenable to
Assignment_(law)
Legal right between a debtor and creditor over the debtor's property (collateral)
than equitable ones, although a distinct category of equitable mortgages had also emerged in English law. Equity also recognised the security interest of
Security_interest
An equitable servitude is a term used in the law of real property to describe a nonpossessory interest in land that operates much like a covenant running
Equitable_servitude
Equitable conversion is a doctrine of the law of real property under which a purchaser of real property becomes the equitable owner of title to the property
Equitable_conversion
variations of such rights. These are: easements profits restrictive covenants equitable servitudes, and licenses. The Restatement of the Law of Property both
Nonpossessory interest in land
Nonpossessory_interest_in_land
Judgement of the High Court of Australia
an equitable right to rescind and set aside the sale of the property. The issue is about the priority between Hotel Terrigal's and MLC's interest in the
Latec Investments Ltd v Hotel Terrigal Pty Ltd
Latec_Investments_Ltd_v_Hotel_Terrigal_Pty_Ltd
Property which can be moved from one location to another
not extinguished by alienation of the property; liens may be real or equitable. Many jurisdictions levy a personal property tax, an annual tax on the
Personal_property
Form of legal ownership for apartments
while a utility interest is either the ownership interest or a proportion that is fair and equitable having regard to the costs and benefits of the unit
Strata_title
Legal doctrine whereby a person is entitled to enforce the rights of another
this is secured by way of an equitable lien or first charge over the trust assets. This is a proprietary security interest. Trust creditors (that is, persons
Subrogation
English legal case
one person and the equitable interest in another, the owner of the legal interest holds it on trust for the owner of the equitable title: "the separation
Westdeutsche Landesbank Girozentrale v Islington LBC
Westdeutsche_Landesbank_Girozentrale_v_Islington_LBC
Form of trust in English common law
before 1 January 1997 can still exist in England and Wales as an equitable interest, behind a strict settlement; the legal estate is vested in the current
Fee_tail
Legal terms in property law
Easement Profit à prendre Covenant Equitable servitude Lien Usufruct License Equity and Trusts Equitable interest Beneficial ownership Resulting trust
Ingress,_egress,_and_regress
Renunciation or transfer of land rights
renounces or relinquishes a claim to some legal right, or transfers a legal interest in land. Originally a common-law concept dating back to Medieval England
Quitclaim
that equitable proprietary rights bound everyone except a bona fide purchaser of the legal estate without any notice of the equitable interest. Being
Unregistered land in English law
Unregistered_land_in_English_law
Preventive judicial device in common law
plaintiff a proprietary interest in the land subject to the dispute. It may instead make an order that the plaintiff receive equitable compensation. Section
Estoppel
Three-party fiduciary relationship
beneficiaries are equitable owners of the trust property. Trustees have a fiduciary duty to manage the trust for the benefit of the equitable owners. Trustees
Trust_(law)
Legal term; property consisting of land and the buildings on it
condition does occur, the property reverts to the grantor, or a remainder interest is passed on to a third party. Fee tail: An estate which, upon the death
Real_property
Land, including its buildings and resources
property and is different from personal property, while estate means the "interest" a person has in that land property. Real estate is different from personal
Real_estate
Legal order to stop specific acts
An injunction is an equitable remedy in the form of a special court order compelling a party to do or refrain from doing certain acts. It was developed
Injunction
Topics referred to by the same term
also refer to: Equitable interest, which is a legal interest that may be enforced by equitable remedies Estate in land, a possessory interest in real property
Legal_interest
British industrialist (1898–1967)
resulting trust would arise where equitable interest had not successfully been divested, because an equitable interest cannot merely hang, unattached to
Tony_Vandervell
Judgement of the High Court of Australia
equitable claim' Before the equitable claim was made, bona fide purchaser for value without notice intervened, giving 3rd party an equitable interest
Breskvar_v_Wall
unless the court otherwise ordered. Samba argued that extinguishing an equitable interest in this manner was not a disposition. It simply meant that equity
Akers_v_Samba_Financial_Group
Concept in English and Welsh property law
creditors dower—interest a wife has in the property of her husband curtesy—interest a husband has in the property of his wife Equitable estates: neither
Estate_in_land
1828 rule in English common law
competing equitable claims to the same asset. The rule broadly provides that where the equitable owner of an asset purports to dispose of his equitable interest
Rule_in_Dearle_v_Hall
Legal term
Division of property, also known as equitable distribution, is a division of property and debt between spouses when the marital relationship is ending
Division_of_property
Common mode of ownership of real property
must possess two qualities: immobility (property must be land or some interest issuing out of or annexed to land) and ownership of it must be forever
Freehold_(law)
Legal concept
A straw man is a figure not intended to have a genuine beneficial interest in a property, to whom such property is nevertheless conveyed in order to facilitate
Straw_man_(law)
Form of freehold land ownership
recognised at common law. A "fee" is a vested, heritable, present possessory interest in land. A "fee simple" is land held without being subject to a term of
Fee_simple
Common law term in property law
the 20th century oft-repeated precedent, the BFP will not be bound by equitable interests of which they do not have actual, constructive, or imputed notice
Bona_fide_purchaser
Actionable harm caused by a tenant
of potential ameliorative waste. Under English law and Australian law, equitable waste is waste that a life tenant has a right to commit at common law
Waste_(law)
source. An example of an equitable right could be seen in Real property law, where mention is made of a beneficial interest i.e. vested interests in an
Equitable_right
Ownership of land for the duration of a person's life
derived from English law, the law divides into common law and equitable law. A claim under equitable law cannot usually defeat a claim to title from a bona fide
Life_estate
In common law jurisdictions, marshalling is an equitable doctrine applied in the context of lending. It was described by Lord Hoffmann as: [A] principle
Doctrine_of_marshalling
Future interest that is retained by the grantor
A reversion in property law is a future interest that is retained by the grantor after the conveyance of an estate of a lesser quantum than he has (such
Reversion_(law)
Property rights adjacent to waterways
to ensure that the rights of one riparian owner are weighed fairly and equitably with the rights of adjacent riparian owners. The Environment Agency lists
Riparian_water_rights
1981 English trusts law case
York law was the proper law to determine if the payor retained an equitable interest in the sums paid by mistake, and that this was a substantive rule
Chase Manhattan Bank NA v Israel-British Bank (London) Ltd
Chase_Manhattan_Bank_NA_v_Israel-British_Bank_(London)_Ltd
at all, not even for disturbance, because they had no interest in the land, legal or equitable. They say that in 1970 D.H.N. were only licensees of Bronze
DHN Food Distributors Ltd v Tower Hamlets LBC
DHN_Food_Distributors_Ltd_v_Tower_Hamlets_LBC
Concept in political science
Easement Profit à prendre Covenant Equitable servitude Lien Usufruct License Equity and Trusts Equitable interest Beneficial ownership Resulting trust
Right_of_conquest
Area of laws governing ownership of real and personal property
may be created by contract, as in the case of easements, covenants, and equitable servitudes. A separate distinction is evident where the rights granted
Property_law
Right to use or enter real property
law in most jurisdictions. An easement is similar to real covenants and equitable servitudes. In the United States, the Restatement (Third) of Property
Easement
Legal mechanisms used to secure the performance of obligations
Certificate) from the bank. Equitable mortgages originate in English Common Law and may lack some legal formalities. In an equitable mortgage the lender is
Mortgage_law
Trust to trace lent money
in terms of conventional equitable doctrine". A Quistclose trust is a method by which a creditor can hold a security interest in loans, through inserting
Quistclose trusts in English law
Quistclose_trusts_in_English_law
Type of legal trust
retained by the transferor. Where the transferor has died, the beneficial interest results to their estate. The courts have implied the existence of resulting
Resulting_trust
Law of real property in England and Wales
with equitable interests in land may not assert them against purchasers of the land if there are two trustees. If a person has an equitable interest in
English_land_law
Property (Miscellaneous Provisions) Act 1989. When disposing of an equitable interest, the Law of Property Act 1925 must also be followed; much of the case
Creation of express trusts in English law
Creation_of_express_trusts_in_English_law
Ownership independent of a superior
the best ability of the state treasurer so that the money paid plus the interest or other income earned on that money will be adequate to pay all future
Allodial_title
State taking ownership of 'unowned' land
ownership. It originally applied to a number of situations where a legal interest in land was destroyed by operation of law, so that the ownership of the
Escheat
Vacation of a property by a tenant due to actions, or inaction, by the landlord
Easement Profit à prendre Covenant Equitable servitude Lien Usufruct License Equity and Trusts Equitable interest Beneficial ownership Resulting trust
Constructive_eviction
Irrevocable trust established for charitable purposes
foundation receives the remainder value when the trust terminates. These "split interest" trusts are defined in §664 of the Internal Revenue Code and are normally
Charitable_trust
Easement Profit à prendre Covenant Equitable servitude Lien Usufruct License Equity and Trusts Equitable interest Beneficial ownership Resulting trust
Condop
Procedure to identify property taken from a claimant
further recipient of the property. Equitable tracing, on the other hand, relies on the claimant having an equitable interest in the property, and can succeed
Tracing_in_English_law
Right to property taking effect later
In property law and real estate, a future interest is a legal right to property ownership that does not include the right to present possession or enjoyment
Future_interest
Solemn promise to engage in or refrain from a specified action
covenants and easements or equitable servitudes are similar and in 1986, a symposium discussed whether the law of easements, equitable servitudes, and real
Covenant_(law)
Real estate transfer with title guarantee
Easement Profit à prendre Covenant Equitable servitude Lien Usufruct License Equity and Trusts Equitable interest Beneficial ownership Resulting trust
Warranty_deed
Concept in land law
Easement Profit à prendre Covenant Equitable servitude Lien Usufruct License Equity and Trusts Equitable interest Beneficial ownership Resulting trust
Lateral_and_subjacent_support
United Kingdom legal decision
determined: Firstly, was it necessary for the claimants to have an equitable interest in the relevant shares once they were in the hands of the Saudi Bank
Byers_v_Saudi_National_Bank
interest. If a person holds both the legal interest and the equitable interest, then the equitable interest will cease to exist and a single legal estate
Australian_trust_law
Legal rule prohibiting very long temporary interests in property
years after the lifetimes of those living at the time of creation of the interest, often expressed as a "life in being plus twenty-one years". In essence
Rule_against_perpetuities
Ownership of a temporary right to hold land or property
A leasehold estate or a leasehold interest is an ownership of a temporary right to hold land or property in which a lessee or a tenant has rights of real
Leasehold_estate
Transfer of legal title of property
of contracts (when equitable interests are created) and completion (also called settlement, when legal title passes and equitable rights merge with the
Conveyancing
Easement Profit à prendre Covenant Equitable servitude Lien Usufruct License Equity and Trusts Equitable interest Beneficial ownership Resulting trust
Uniform Residential Landlord and Tenant Act
Uniform_Residential_Landlord_and_Tenant_Act
law case, concerning the presumption of advancement and a spouse's equitable interest in the matrimonial home. The wife had used her own money to buy a
Pettitt_v_Pettitt
Creation and protection of asset funds
beneficiary, with the trustee having a legal interest in the property and the owner having an equitable one. The implication of this is that liability
English_trust_law
Land registration and land transfer system
specific land parcels to define ownership for land registration, and for equitable taxation. Turkey adopted the Torrens system in 1926 under the new Turkish
Torrens_title
Lords was concerned with whether an oral instruction to transfer an equitable interest in shares complied with the writing requirement under Law of Property
Re Vandervell Trustees Ltd (No 2)
Re_Vandervell_Trustees_Ltd_(No_2)
Legal Latin principle
Easement Profit à prendre Covenant Equitable servitude Lien Usufruct License Equity and Trusts Equitable interest Beneficial ownership Resulting trust
Quicquid plantatur solo, solo cedit
Quicquid_plantatur_solo,_solo_cedit
Form of trust created by the English law courts
the signing of an agreement to do so automatically transfers the equitable interest to the buyer or transferee; until the property itself is transferred
Constructive trusts in English law
Constructive_trusts_in_English_law
Property law concept
underlying land. In other jurisdictions, the disseisor acquires merely an equitable title; the landowner is considered to be a trustee of the property for
Adverse_possession
Marital property regime
In other jurisdictions, such as Texas, a divorce court may decree an "equitable distribution" of community property, which may result in an unequal division
Community_property
Historical maximum lease time
while giving tenants considerable freedom to mortgage their leasehold interest and sell or assign it to others, usually with the landlord's approval.
99-year_lease
Acquisition of property
Easement Profit à prendre Covenant Equitable servitude Lien Usufruct License Equity and Trusts Equitable interest Beneficial ownership Resulting trust
Usucaption
South African legislation
of expropriated land must be "just and equitable reflecting an equitable balance between the public interest, the interests of those affected, including
Expropriation_Act,_2024
American politician (1910–1998)
Equitable Bank and Trust Company. The position determined which banks received deposits from the state and would be considered a conflict of interest
John_Luetkemeyer
Office skyscraper in Manhattan, New York
Axa Equitable Center (originally the Equitable Tower or Equitable Center West) is an office skyscraper at 787 Seventh Avenue, between 51st and 52nd Streets
Axa_Equitable_Center
Real right in civil law for limited use
the property is not damaged or destroyed. The third civilian property interest is abusus (literally abuse), the right to alienate the thing possessed
Usufruct
Legal principle
Easement Profit à prendre Covenant Equitable servitude Lien Usufruct License Equity and Trusts Equitable interest Beneficial ownership Resulting trust
Nemo_dat_quod_non_habet
American energy company
Haymaker struck gas outside of Pittsburgh, PA. Four years later, the Equitable Gas Company was incorporated as a subsidiary of Philadelphia Company.
EQT_Corporation
Doctrine in contract law
conscience of a legal owner is affected meaning they cannot deny the equitable interest of the beneficiary for whom they consequently hold the property as
Unconscionability
Legal term
owner is a natural person (or persons) who ultimately owns or controls an interest in a legal entity or arrangement, such as a company, trust, or foundation
Beneficial_ownership
Removal of a tenant from rental property by the landlord
Easement Profit à prendre Covenant Equitable servitude Lien Usufruct License Equity and Trusts Equitable interest Beneficial ownership Resulting trust
Eviction
Person(s) entitled to the benefit of a trust arrangement
beneficiary's interest is proprietary; they are the owners of an equitable interest in the property held under the trust. The position is slightly different
Beneficiary_(trust)
Nebraska Supreme Court Ruling
an adequate remedy, the remedy of specific performance is available. Equitable remedy "Gartrell v. Stafford, 12 Neb. 545, 11 N.W. 732 (1882): Specific
Gartrell_v._Stafford
Concept of public international law
terra nullius never applied in Canada". Aboriginal title is a beneficial interest in land, although the Crown retains an underlying title. The court set
Discovery_doctrine
Type of legal instrument in Common law
is any legal instrument in writing which passes, affirms or confirms an interest, right, or property and that is signed, attested, delivered, and in some
Deed
exclusive: an equitable interest, which is a minor interest, is incapable of being at the same time an overriding interest. The wife's interest, existing
Williams & Glyn's Bank v Boland
Williams_&_Glyn's_Bank_v_Boland
1967 English trusts law case
Vandervell did not divest any beneficial interest in the shares as the attempted transfer of the equitable interest did not comply with the requirements of
Vandervell_v_IRC
Legal process
Tracing ordinarily facilitates an equitable remedy, and is subject to the usual limitations and bars on equitable remedies in common law countries. In
Tracing_(law)
Unreasonable delay by a plaintiff in bringing their claim
litigation, it is an equity defense, that is, a defense to a claim for an equitable remedy. It is often understood in comparison to a statute of limitations
Laches_(equity)
English trusts law case
for value without notice (or "equity's darling") takes free of any equitable interest in the property of which they were unaware, although even within the
Pilcher_v_Rawlins
Easement Profit à prendre Covenant Equitable servitude Lien Usufruct License Equity and Trusts Equitable interest Beneficial ownership Resulting trust
Avulsion (common law jurisdictions)
Avulsion_(common_law_jurisdictions)
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