Equitable interests in land.

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What type of disputes can arise out of Equitable interests?

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Disputes between one party claiming that they have an equitable interest that overrides the other party's legal interest.

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What is the difference between Equity and an Equitable interest?

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Equity concerns the administration of justice to the person(s). An equitable interest is how that justice is administered, because realistically granting an equitable interest is the only way that a court can administer equity.

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How can an Equitably Interest be created?

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If the original registered owner transfers the legal title to the trustee, with the intention that the trustee pass on the title to the third party, then the third-party now has an equitable interest in the title.

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Define the concept of an 'Inter vivous' trust.

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An inter vivous trust is a concept rooted in ancient times, that entails the act of an original registered owner entrusting his title to his land in the hands of a trustee, while the original registered owner left to fight in wars. This act was used to safeguard the property from external sanctions, until the crusader returned or was killed in which case the trustee had to transfer the title over to the crusader, or the people written in his will.

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How did the concept of Equity arise out of this?

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If the trustee, failed to fulfil his obligation to pass on the land after the vested event, then that would lead to issues of Equity!

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What did the court hold in the case of Earl?

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In the case of Earl, the court held that in a claim concerning a dispute between a fraudulent common law decision and an equitable decision, the equitable decision shall prevail. This is because the unjust outcomes that arise from the common law can only be rectified by Equity.

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What did the court hold in the case of Whipp?

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In the case of Whipp, the court held that if there is a dispute between a common law claim and an equitable claim, in the absence of fraud or deliberate omission, the common law claim shall prevail.