Creation of equitable interests in land

Front

What is the second way that an equitable interest in land can be created? How?

Back

-An equitable interest in land can be created in a partnership.

<-This happens when, for example, 100 partners decide to purchase land together, and only 12 of them are the registered owners.

<-If the land were to be sold, the funds from such a sale would proceed to the 12 partners who have their names on the title registered.

<-However, the other 88 will have an equitable interest on those funds, because they were not registered on the title. *The authority for this is the case of Edwards.

Front

What is the third way that an equitable interest can be created?

Back

-An equitable interest can be created by offering that same interest as security as security, like in the case of Whipp.

<-Even if that security interest is not recognized but otherwise is fully enforceable, then it is an equitable interest.

<-In other words, a fully enforceable interest that is not registered is an equitable interest.