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Equitable Interest
An equitable interest is an "interest held by virtue of an equitable title (a title that indicates a beneficial interest in property and that gives the holder the right to acquire formal legal title) or claimed on equitable grounds, such as the interest held by a trust beneficiary". The equitable interest is a right in equity that may be protected by an equitable remedy. This concept exists only in systems influenced by the common law (as opposed to civil law) tradition, such as New Zealand, England, Canada, Australia, and the United States. Equity Equity is a concept of rights distinct from legal (that is, common law) rights; it is (or, at least, it originated as) "the body of principles constituting what is fair and right (natural law)".Black's Law Dictionary. Second Pocket Edition. p. 241. 2001 West Group. Bryan A. Garner (editor in chief) It was "the system of law or body of principles originating in the English Court of Chancery and superseding the common and statute law (to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bryan A
Bryan may refer to: Places United States * Bryan, Arkansas * Bryan, Kentucky * Bryan, Ohio * Bryan, Texas * Bryan, Wyoming, a ghost town in Sweetwater County in the U.S. state of Wyoming * Bryan Township (other) Facilities and structures * Bryan House (other) * Bryan Boulevard, Greensboro, North Carolina, USA; a limited access highway * Bryan Museum, Galveston, Texas, USA; a museum * Bryan Tower, Dallas, Texas, USA; an office tower skyscraper People *Bryan (given name), list of people with this name *Bryan (surname), list of people with this name * Justice Bryan (other), judges named Bryan * Baron Bryan, a baronial title of Plantagenet England Other uses * Bryan University, Tempe, Arizona, USA; a for-profit private university See also * * * "Bryan, Bryan, Bryan, Bryan", a 1919 poem by Vachel Lindsay * Bryan Inc. (2015 TV series) construction and renovation TV series starring Bryan Baeumler * Bryan, Brown & Company, a footwear company * Bryan ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lysaght V Edwards
Lysaght may refer to: People *John Lysaght, 1st Baron Lisle (1702–1781) * John Lysaght, 2nd Baron Lisle (1729–) * Edward Lysaght (1763–1811), Irish songwriter * Sidney Royse Lysaght (1856–1941), Irish poet * John Lysaght (1832–1895), manufacturer of sheet iron * Averil Lysaght (1905–1981), New Zealand biologist, science historian and artist * Muriel Lysaght (1917–2005), New Zealand landscape architect *Cornelius Lysaght (b. 1965), British horse-racing correspondent Businesses *John Lysaght (company), British iron and steel company * Lysaght, Australian steel company Places *Mount Lysaght Mount Lysaght () is a peak, high, standing north of Mount Markham in the northern part of the Queen Elizabeth Range, Antarctica. It was discovered and named by the British Antarctic Expedition, 1907–09 The ''Nimrod'' Expedition of 1907� ... *Another spelling of Lysite, Wyoming See also * MacLysaght {{disambig, surname ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Overriding Interest
Overriding interest is an English land law concept. The general rule in registered conveyancing is that all interests and rights over a piece of land have to be written on the register entry for that land. Otherwise, when anyone buys that piece of land, the interests will not apply to the purchaser, and the rights will be lost. Overriding interests are the exception to this general rule. Overriding interests need not be registered to bind any new owner. Overview The House of Commons, House of Lords and tasked Royal Commission preparing the Law of Property Acts (1925) agreed that for many classes of interest it would be unreasonable to expect certain interests to be registered, in which legislation they were termed overriding interests. Their list was reformed and simplified under legislation of 2002 in staggered reforms between that year and 2013. Such interests principally include: *Tenancies/leases of less than seven years *Rights of people in actual occupation, perhaps unawa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Equitable Servitude
An equitable servitude is a term used in the law of real property to describe a nonpossessory interest in land that operates much like a covenant running with the land. In England and Wales the term is defunct and in Scotland it has very long been a sub-type of the Scottish legal version of servitudes, which are what English law calls easements. However covenants and equitable servitudes in most of the jurisdictions across North America, are slightly different. The usual distinction is based on the remedy plaintiff seeks and precedent will allow for the scenario in question. Where the terms are unmerged, holders of a ''covenant'' seek ''money'' damages; holders of ''equitable servitudes'' seek ''injunctions''. The term used to exist in England widely before '' Tulk v Moxhay'' and as byproduct of the Judicature Acts became one of the fullest mergers of equity and common law in England and Wales so as to agree initially on the term "equitable covenant", then coming to be united ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parliament Of The United Kingdom
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative supremacy and thereby ultimate power over all other political bodies in the UK and the overseas territories. Parliament is bicameral but has three parts, consisting of the sovereign ( King-in-Parliament), the House of Lords, and the House of Commons (the primary chamber). In theory, power is officially vested in the King-in-Parliament. However, the Crown normally acts on the advice of the prime minister, and the powers of the House of Lords are limited to only delaying legislation; thus power is ''de facto'' vested in the House of Commons. The House of Commons is an elected chamber with elections to 650 single-member constituencies held at least every five years under the first-past-the-post system. By constitutional convention, all govern ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constructive Notice
Constructive notice is the legal fictionThe phrase "legal fiction" should not be construed to mean that the concept of constructive notice is legally invalid. that signifies that a person or entity should have known, as a reasonable person would have, of a legal action taken or to be taken, even if they have no actual knowledge of it. Overview The doctrine is generally construed with regards to legal notices published, either by posting them at a designated place in a courthouse, or publishing them in a newspaper designated for legal notices. Because both methods of publication are available to the general public (courthouses being open to all members of the general public, and newspapers readily available in public places such as libraries), the person to whom the notice is being issued (even if issued in a generic form, such as "To All Heirs of John Smith, a Resident of Orange County") is considered to have received notice even if they were not actually aware of it. Another use ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Specific Performance
Specific performance is an equitable remedy in the law of contract, whereby a court issues an order requiring a party to perform a specific act, such as to complete performance of the contract. It is typically available in the sale of land law, but otherwise is not generally available if damages are an appropriate alternative. Specific performance is almost never available for contracts of personal service, although performance may also be ensured through the threat of proceedings for contempt of court. Specific performance is commonly used in the form of injunctive relief concerning confidential information or real property. While specific performance can be in the form of any type of forced action, it is usually to complete a previously established transaction, thus being the most effective remedy in protecting the expectation interest of the innocent party to a contract. It is usually the opposite of a prohibitory injunction, but there are mandatory injunctions that have a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of Property Act 1925
The Law of Property Act 1925c 20 is a statute of the United Kingdom Parliament. It forms part of an interrelated programme of legislation introduced by Lord Chancellor Lord Birkenhead between 1922 and 1925. The programme was intended to modernise the English law of real property. The Act deals principally with the transfer of freehold or leasehold land by deed. The LPA 1925, as amended, provides the core of English land law, particularly as regards many aspects of freehold land which is itself an important consideration in all other types of interest in land. Background The keynote policy of the act was to reduce the number of legal estates to two – freehold and leasehold – and generally to make the transfer of interests in land easier for purchasers. Other policies were to regulate mortgages and as to leases, to regulate mainly their assignment, and to tackle some of the '' lacunae'', ambiguities and shortcomings in the law of property. Innovations included the def ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Walsh V Lonsdale
''Walsh v Lonsdale'' (1882) 21 Ch D 9 is an English property law case about the effect of the Judicature Acts. It is the authority for the equitable maxim that "Equity regards as done that which ought to be done". It created the doctrine of anticipation, whereby a specifically performable agreement to create or transfer a property right will be good in equity, even if not finally effective at law. Facts of the case Mr Lonsdale agreed to lease Mr Walsh a mill for seven years. Rent varied with the number of looms being operated, but there was a minimum dead rent paid yearly in advance on demand. The lease was not in fact granted by deed (as was required for leases over three years), yet Mr Walsh moved in and began paying rent quarterly. Mr Lonsdale demanded payment in advance and levied distress for non payment of rent. If the terms of the agreement were enforceable, then Mr Lonsdale had acted lawfully. Judgment The Court of Appeal held that as it now had jurisdiction to apply equit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Latec Investments Ltd V Hotel Terrigal Pty Ltd
''Latec Investments Ltd v Hotel Terrigal Pty Ltd''. is a 1965 property law decision of the High Court of Australia The High Court of Australia is Australia's apex court. It exercises original and appellate jurisdiction on matters specified within Australia's Constitution. The High Court was established following passage of the '' Judiciary Act 1903''. .... It contains a discussion of the principles upon which the priority of competing equitable interests in land is to be determined. Facts Latec was the mortgagee of land owned by Hotel Terrigal. Hotel Terrigal fell into arrears in repaying the loan and Latec, purporting to exercise its mortgagee’s power of sale, sold the property. It conducted an auction on an unfavourable day of the week with little time for proper advertisement (to make sure that the property could not be sold at the auction). The highest bid was 58,000 and later Latec sold the property to its wholly owned subsidiary, Southern Hotels for 60,000 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Equity (law)
Equity is a particular body of law that was developed in the English Court of Chancery. Its general purpose is to provide a remedy for situations where the law is not flexible enough for the usual court system to deliver a fair resolution to a case. The concept of equity is deeply intertwined with its historical origins in the common law system used in England. However, equity is in some ways a separate system from common law: it has its own established rules and principles, and was historically administered by separate courts, called " courts of equity" or "courts of chancery". Equity exists in domestic law, both in civil law and in common law systems, and in international law. The tradition of equity begins in antiquity with the writings of Aristotle (''epieikeia'') and with Roman law (''aequitas''). Later, in civil law systems, equity was integrated in the legal rules, while in common law systems it became an independent body of law. Equity in common law jurisdictions (gener ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
