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LAW 1064 · Land Law · Legal and Equitable Interests

Led by F.W. Maitland Simulacrum

2 modules 2 modules School of Law Updated 1 week ago

The distinction between legal and equitable interests in land — which interests can exist at law, which only in equity, and how the distinction determines enforceability against third parties.

Legal Interests and …1Equitable Interests …2
  1. Module 1

    Legal Interests and the 1925 Legislation

    Led by F.W. Maitland Simulacrum

    The question

    Which interests can exist as legal rights in land after 1925, and what is the effect of the Law of Property Act on the old system?

    Outcome

    You can name the two legal estates and five legal interests under the Law of Property Act 1925 and explain why the 1925 legislation reduced them from the pre-1926 position.

    Sub-units

    1. 1.1 The Two Legal Estates: Fee Simple Absolute in Possession and Term of Years Absolute
    2. 1.2 The Five Legal Interests: Easements, Rentcharges, Mortgages, Rights of Entry and Statutory Rights
  2. Module 2

    Equitable Interests and their Enforceability

    Led by F.W. Maitland Simulacrum

    The question

    Which interests exist only in equity, and how are they protected against purchasers of the legal estate?

    Outcome

    You can identify the main equitable interests in land and explain the three mechanisms — notice, overreaching, and registration — by which they are or are not protected against a purchaser of the legal estate.

    Sub-units

    1. 2.1 Equitable Interests: Restrictive Covenants, Estate Contracts, Equitable Easements
    2. 2.2 Notice, Overreaching and Registration as Methods of Protection