Commentary

4 Characteristics of equitable interests

CHOSES IN ACTION vol 7
| Commentary

4 Characteristics of equitable interests

| Commentary

B: DEFINITION AND CLASSIFICATION OF EQUITABLE INTERESTS

4 Characteristics of equitable interests

It has proved difficult to explain with precision what is comprised in the term ‘equitable interests’1. They are rights of property ‘sandwiched’ between legal estates on the one hand and ‘equities’ or ‘mere equities’ (both much misunderstood terms) on the other. As with legal estates, equitable interests are definable, identifiable by third parties, capable in their nature of assumption by third parties, and enjoy a degree of permanence or stability2. In the case of equitable interests in land, they must also have the quality

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to LexisLibrary or register for a free trial