Equitable Interest - Law Dictionary Search Results
Registration of title of land
from any inquiry into the title other than it is shown to be on the register; (b) certain equitable claims which would be binding on the land under the general law and cannot be removed or over-reached … not guaranteed unless separately registered. All registered land, irrespectively of the nature of title, remains subject to 'over-riding interests.' See below, notwithstand-ing registration. All estates and interests in land which come under the description of 'legal estates'
Dower
years. The legal estate in dower (being an estate for life) has been abolished and converted into an equitable interest (ibid.), (English) L.P. Act, 1925, s. 1; it can only arise in respect of deaths after 1925 in
Remainder
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 … Remainder [fr. remanentia, Lat.], that expectant portion, remnant, or residue of interest which, on the creation of a particular estate, is at the same time limited over to another, who
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Chattels or catals
was until 1926 [(English) L.P. Act, 1925] a freehold estate. The (English) L.P. Act, 1925, has preserved as equitable interests many of the incidents of former freehold estates, but it has enacted (s. 1) that the only … and 'chattels real,' which concern the realty, such as terms of years of lands or tenements, wardships, the interest of tenant by statute staple, by statute merchant, by elegit, and such like, Co. Litt., 118 b. Chattels
Coparceners or parceners
sale under s. 34 of that Act, but as from the 1st January, 1926, coparceners retain all their equitable rights in the proceeds of sale and in the land until sold as equitable interests under s. 39 … to all the daughters equally. Coparceners had a unity though not an entirety, or necessarily an equality, of interest; if there were tow only, each was properly entitled to the whole of a distinct moiety; and being
Disentailing Deed
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 a
Springing use
shifting or springing use, or contingent remainder did not operate to create a legal estate but only an equitable interest, the rule as to failure of a preceding particular estate before the remainder could vest did not invalidate
owner
possession of property c : a purchaser under a contract for the sale of real property see also equitable owner in this entry beneficial owner 1 : one holding a beneficial interest in a trust compare beneficial
Lease
of its creation is void, a contract for such a term is also void but leases of an equitable interest under settlement or power to mortgage in settlements, or by way of indemnity and like purposes under the
Fee-simple
the word 'simple' will not pass the estate [Re Ethel, (1901) 1 Ch 945). Even in conveying an equitable fee-simple, words of limitation were essential [Re Monckton, (1913) 2 Ch 636]. The (English) Law of Property Act, … without words of limitation or equivalent expression shall pass to the grantee the fee-simple or other the whole interest which the grantor had power to convey in such land unless a contrary intention appears in the conveyance.
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