Equitable Interest - Law Dictionary Search Results
Curtesy of England
every person dying after 1925, but undr s. 130, (English) L.P. Act, 1925, curtesy will arise as an equitable interest in any property realor personal as an incident to an equitable intrest in-tail and in default of a
Surrender of copyholds
may notwithstanding be completed. Surrenders of copyholds were governed by the same rules as Common Law conveyances. An equitable interest in copyholds was not the subject of surrender, except in the instance of a surrender for the purpose
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 … or any other statute is void (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
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Reversion
out of the larger estate or reversion.' Settled reversions of freehold or leasehold estates have been reduced to equitable interests by the Law of Property Act, 1925, but the word is also used to mean the freehold … owner to another person. it is thus described by Mr. Watkins (Conv. C. 16): 'When a person has interest in lands, and grants a portion of that interest, or in other terms, a less estate than he
Parties
a conveyance are set out is as follows: (1) The owner of the legal inheritance; (2) Persons having equitable or beneficial interests in the inheritance; (3) Persons possessed of chattel interests; (4) The grantee or release; (5) … suit and as such binds not only the parties named in the suit-title but all those who are interested in the trust, R. Venugopala Naidu v. Venkatarayulu Naidu Charities, AIR 1990 SC 444 (447): 1989 Supp (2)
Quia timet
against anticipated future injury that cannot be prevented by the present action. The doctrine of 'quia timet' permits equitable relief based on a concern over future probable injury to certain rights or interest, where anticipated future injury
Legacy
of the (English) County Courts Act, 1888, taken from the repealed Act of 1865, which first gave an equitable jurisdiction to County Courts. See now (English) County Courts Act, 1934, s. 52. Pecuniary legacies bear interest from
Freehold
an estate in fee simple absolute in possession, and a term of years absolute. all other estates are equitable interests under that Act; descent of legal estates to heirs of persons dying after 1925 has been abolished: … unshackled, and by far the greater part of the real property in this country is freehold. Such an interest in lands of frank tenement as may endure not only during the owner's life, but which is cast
Release
coparcener conveys his estate to his coparcener, or where one of more than two joint tenants conveys his interest to one or more but not all of the others so as to sever that share. It also … could not thus release to one another, since they had distinct interests in the property. They now are equitably interested only in proceeds of sale. See UNDIVIDED SHARES, and the question of the release of a legal
Part-owners, or co-owners
of being created in an undivided share in land and the beneficial interest in the property is merely equitable [ibid., sub-s. (3)] See, further, UNDIVIDED SHARES. Neither of them can transfer or dispose of the whole property,
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