6. Equitable Interests

2021 ◽  
pp. 172-193
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Property Rights ◽  
Third Parties ◽  
Property Right ◽  
Personal Rights ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter explores the content of equitable interests in land, and considers how such rights differ from personal rights and also from legal estates and interests. Equitable interests in land are capable of being asserted against third parties and so differ from personal rights. The content and acquisition questions are answered differently, depending on whether B claims a legal or an equitable property right. It is also noted that, in general, equitable interests in land, unlike legal estates and interests, do not bind strangers who interfere with the land. Equitable interests also depend on A’s coming under a duty to B. It is therefore suggested that equitable property rights are conceptually different from legal property rights.

6. Equitable interests

2015 ◽  
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Property Rights ◽  
Third Parties ◽  
Property Right ◽  
Personal Rights ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter explores the content of equitable interests in land, and considers how such rights differ from each of personal rights and legal estates and interests. Equitable interests in land are capable of being asserted against third parties. They have a power lacking in personal rights. The content and acquisition questions are answered differently depending on whether B claims a legal or equitable property right. It is noted that equitable interest in land depends on A's coming under a duty to B. Moreover, as observed, equitable property rights are conceptually different from legal property rights.

6. Equitable Interests

Land Law ◽  
2018 ◽  
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Property Rights ◽  
Third Parties ◽  
Property Right ◽  
Personal Rights ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource.This chapter explores the content of equitable interests in land, and considers how such rights differ from each of personal rights and legal estates and interests. Equitable interests in land are capable of being asserted against third parties. They have a power lacking in personal rights. The content and acquisition questions are answered differently depending on whether B claims a legal or equitable property right. It is noted that equitable interests in land depend on A’s coming under a duty to B. Moreover, as observed, equitable property rights are conceptually different from legal property rights.

15. The Priority Triangle

Land Law ◽  
2018 ◽  
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Property Rights ◽  
Property Right ◽  
Basic Rule ◽  
Basic Principles ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter addresses the question of when C can have a defence to B’s pre-existing property right. It covers the basic principles that apply when answering the priority question. It examines how a court determines which of two competing property rights arose first. It also examines exceptions to the basic rule that B’s property right, where it arises before C’s property right, will take priority.

scholarly journals PROPRIETARY ESTOPPEL AND PROPERTY RIGHTS

2005 ◽  
Vol 64 (2) ◽  
pp. 449-480 ◽  
Author(s):  
Susan Bright ◽  
Ben McFarlane
Keyword(s):  
Property Rights ◽  
Property Right ◽  
Court Order ◽  
Personal Rights ◽  
Central Argument

THIS article focuses on a particular aspect of the operation of proprietary estoppel: it asks when a proprietary estoppel claim will give rise to a property right. The inquiry proceeds on the linked assumptions that proprietary estoppel is a means of acquiring rights and that rights thereby arising take effect immediately, without the need for any court order. Like any other means of acquiring rights, proprietary estoppel can give rise either to personal rights or to property rights: in some cases the estoppel claimant is acknowledged to have a personal right (e.g. to damages or a licence to use land); in others a property right (e.g. a lien; an easement; a lease; or a freehold). The central argument of this article is that proprietary estoppel should give rise to a property right only if that is necessary to protect the claimant’s reasonable reliance. Where a personal right gives sufficient protection that will have to do, whatever the claimant may have been promised or expected; this may well mean that the circumstances in which a property right arises are more narrow than has been thought.

10. Proprietary Estoppel

2021 ◽  
pp. 343-397
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Third Parties ◽  
Property Right ◽  
The Impact ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter is concerned with proprietary estoppel. Proprietary estoppel is a means by which a party (B) can gain some protection against an owner of land (A), even if B has no contract with A and even if A has not formally given B a property right in relation to A’s land. Proprietary estoppel is therefore a means by which B can obtain an equitable interest in A’s land. It is noted that proprietary estoppel is very different from other forms of estoppel; so different that the term ‘estoppel’ is positively misleading. The chapter considers the requirements of a proprietary estoppel claim, including the role of unconscionability, how the courts determine the extent of any right arising through proprietary estoppel, and the impact of such rights on third parties.

10. Proprietary Estoppel

Land Law ◽  
2018 ◽  
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Third Parties ◽  
Property Right ◽  
The Impact ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter is concerned with proprietary estoppel. Proprietary estoppel is a means by which a party (B) can gain some protection against an owner of land (A), even if B has no contract with A and even if A has not formally given B a property right in relation to A’s land. That protection consists of A coming under a duty to B. Proprietary estoppel is therefore also a means by which B can obtain an equitable interest in A’s land. It is noted that proprietary estoppel is very different from other forms of estoppel; so different that the term ‘estoppel’ is positively misleading. The chapter considers how the courts determine the extent of any right arising through proprietary estoppel, and it also examines the impact of such rights on third parties.

3. Personal Rights and Property Rights

Land Law ◽  
2017 ◽  
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Property Rights ◽  
Property Right ◽  
The Other ◽  
Important Distinction ◽  
Personal Rights ◽  
Different Types ◽  
The Law ◽  
The One ◽  
The Relationship

This chapter examines property rights in land and personal rights that may allow a party to make a particular use of land. It first considers the distinction between personal rights and property rights before addressing the content question: whether the type of right claimed by a party counts as a property right. To answer that question, a distinction is made between different types of property right. The most important distinction is between legal property rights, on the one hand, and equitable property rights, on the other. The chapter also discusses licences to use land and contrasts their operation and effect with those of property rights in land. It highlights the nature of licences and the controversy over contractual and estoppel licences and concludes with an analysis of the relationship between the law of leases and of licence.

3. Personal Rights and Property Rights

Land Law ◽  
2020 ◽  
pp. 61-92
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Property Rights ◽  
Property Right ◽  
The Other ◽  
Important Distinction ◽  
Personal Rights ◽  
Different Types ◽  
The Law ◽  
The One ◽  
The Relationship

This chapter examines property rights in land and personal rights that may allow a party to make a particular use of land. It first considers the distinction between personal rights and property rights before addressing the content question: whether the type of right claimed by a party counts as a property right. To answer that question, a distinction is made between different types of property right. The most important distinction is between legal property rights, on the one hand, and equitable property rights, on the other. The chapter also discusses licences to use land and contrasts their operation and effect with those of property rights in land. It highlights the nature of licences and the controversy over contractual and estoppel licences and concludes with an analysis of the relationship between the law of leases and of licence.

1. Introduction to Equity

2019 ◽  
pp. 3-22
Author(s):  
Paul S Davies ◽  
Graham Virgo
Keyword(s):  
Property Rights ◽  
Common Law ◽  
Corporate Law ◽  
The Body ◽  
Judicial Discretion ◽  
Fair Result ◽  
Personal Rights ◽  
The Common ◽  
The Law ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses the concept of Equity and defines it as the body of law that has been made and developed by judges in the Chancery courts to modify the rigid application of the common law. It is grounded on rules, principles, and doctrines that are strictly interpreted, but their application and the remedies awarded can be tempered by the exercise of judicial discretion to ensure a just and fair result. It plays an important role in many contemporary aspects of the law, including commercial and corporate law. A distinction between property rights and personal rights lie at the heart of Equity, and there exists no substantive fusion between Common Law and Equity as bodies of rules — even if their administration has been conjoined into a single procedural system. The chapter also discusses a variety of equitable maxims that are useful generalizations of complex law.

7. Personal Rights: Licences

2021 ◽  
pp. 194-244
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Property Right ◽  
Third Party ◽  
Personal Rights ◽  
Distinct Property ◽  
The Impact ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter presents a discussion of licences. Licences can be grouped into a number of categories, including bare licences, contractual licences, estoppel licences, statutory licences, and licences coupled with an interest. The key feature of a bare licence is that A is under no duty to B not to revoke the licence. The distinction between a bare licence and a contractual licence turns on the question of whether A is under a contractual duty to B. An estoppel licence, as well as a statutory licence, is similar to a contractual licence: the key difference is the source of A’s duty to B. A ‘licence coupled with an interest’ is a permission to make a particular use of A’s land, which arises as part of a distinct property right held by B in A’s land. The chapter considers the impact of all these forms of licences, looking at the positions of A, of X (a stranger who interferes with the land), and of C (a party who acquires a right in the land from A). It considers whether particular forms of licence ought to count as equitable interests in land. It also examines when a licensee may be protected by a new, direct right against a third party, even though the licence itself is only a personal right.

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