Equitable Estates - Law Dictionary Search Results
Remainder
1925, s. 4, as to the construction of equitable interests. A remainder may be limited in all freehold estates, but not strictly and technically in chattels real and personal, although these may be limited over after a … is to enjoy it after the determination of such particular estate. After 1925 remainders can operate only as equitable interests, and in that manner they can be created in respect of personality as well as realty. The
Trust
the technical terms of the Common or Statutory Law in the limitations of legal estate. Before 1926 an equitable entail would in the case of an executory document or a bequest or devise by will pass without … instruments or wills) must follow the precise form of legal limitations formerly necessary for the creation of such estates by deed (not being an executory instrument). A precatory trust is properly a trust declared by a person
Undivided shares in land
205, and 1st Sch., Part IV., and cf. TRUST FOR SALE, such shares are to take effect as equitable interests only in the net proceeds of sale and of the rents and profits of the entirety of … Undivided shares in land. Before 1926 a legal estate in undivided shares in land was held by joint tenants, tenants in common, coparceners, and by husband and
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Abstract of title
lessened the inconvenience of this doctrine: see LEGAL ESTATE; PERSONAL REPRESENTATIVES; SETTLEMENT; MORTGAGE; TRUSTEES FOR SALE; UNDIVIDED SHARES; EQUITABLE INTERESTS, BANKRUPTCY and VESTING ORDERS. Abstracts on behalf of vendors who are absolute owners entitled in fee simple … especially if the several properties be distinct, or the title is compounded of both freehold and formerly copyhold estates. Should the distinct titles to the several parts of the property after wards become united, then there should
Chattels or catals
property real r personal, subject to statutory requirements. See TAIL. Among chattels real five species of legal or equitable estates maybe enumerated: (a) for years; (b) from year to year; (c) at will; (d) by elegit; and (e)
Waste
(b) permissive or omissive, as where a tenant suffers a house to fall out of repair; or (2) equitable, which comprehends acts not deemed waste at Common Law. Both for voluntary and permissive waste an action lies … in some cases fortior est dispositio legis quam hominis, yet that shall not extend to encumber or spoil estates, see Baker v. Sebright, (1879) 13 Ch D 179; Garth v. Cotton, (1750) 1 Ves Sen 524 (546);
Title
vendor that the purchaser of a legal estate shall accept a title made with the concurrence of an equitable beneficiary if title can be made free from equities under a trust for sale or under the Law … (L.P. Act, 1925), s. 42, and see s. 43 as to registered interests; 3. That all the particular estates either were determined before 1926, or if no vesting deed, trust for sale, probate or grant of administration,
Disentailing Deed
appointment to the use of him and his heirs. By the L. P. Act, 1925, s. 1, all estates tail were converted into equitable interests, and by the 9th Schedule to the L. P. Act, 1924, the … there is a protector (q.v.) under the instrument creating the entail, his consent must be obtained, otherwise an equitable interest corresponding to a base fee only will be created. The deed usually consisted of a conveyance to
Executory devise
Property Act, 1924, Sched. 10, and future legal estates in land under executory devises have been changed to equitable interests by the (English) L.P. Act, 1925, s. 1, and by s. 4(2) of that Act, after 1925
Easement
of years absolute is capable of subsisting and being conveyed or created at law. All other easements are equitable'by s. 187, ibid., easements over or in relation to land may be enjoyed in common with any other … by the same Act, s. 1(2), an easement in or over land for an interest equivalent to an estate in fee simple absolute in possession or a term of years absolute is capable of subsisting and being
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