Intro to Equity and Trusts

Question 1

In a conflict between the two sets of rules, equity would prevail (legislation)

Answer 1

S25 Judicature Act 1873

Question 2

In a conflict between the two sets of rules, equity would prevail (case law)

Answer 2

Walsh v Lonsdale

Question 3

the interest of a beneficiary under a trust cannot be protected by an entry on the register and should be “overreached” on sale. If not overreached on sale it may be an interest that overrides under the … act

Answer 3

Land Registration Act 2002

Question 4

overreaching has the effect that the beneficiary’s equitable interest is converted from an interest in the land to an interest in the sale proceeds, provided that the purchase money is paid to at least 2 trustees or a trust corporation

Answer 4

City of London BS v Flegg

Question 5

Registration of land charges is deemed to give notice of protected rights to all persons

Answer 5

Land Charges Act 1972

Question 6

Failure to register a registrable equitable interest results in that interest being void against a purchaser, even if the purchaser has actual notice

Answer 6

Midland Bank v Green