Topic 2B - Equity and Land Law

Question 1

Earl of Oxford’s Case

Answer 1

Foundation stone for equity in modern law: Where equity and law conflict, equity shall prevail

Question 2

Judicature (Ireland) Act 1877

Answer 2

Underpins status of equity in Irish Law - that the rules of equity shall prevail.

Question 3

Trusts/Uses

Answer 3

Land rights held by one person to the use of (or the benefit of) another person

Question 4

Defence of Bona Fide Purchaser of the Legal Estate for Value Without Notice

Answer 4

Determines in what circumstances the equitable owner will keep their rights as against a third party

Question 5

Doctrine of notice: Types of Notice

Answer 5

Codified in the 2009 Act:
Actual Notice,
Constructive Notice,
Imputed Notice

Question 6

Actual Notice

Answer 6

Within that purchaser’s own knowledge

Question 7

Constructive Notice

Answer 7

What the purchaser would have known had he made ‘such enquirers and inspections as ought to have been made’

Question 8

Northern Bank Ltd. v. Henry; Constructive Notice

Answer 8

Objective test of reasonable inquiry;
as to actual occupation,
as to any litigation pending or threatened.

Question 9

Imputed Notice

Answer 9

To be treated as if one has all of the knowledge - actual and constructive - one one’s agent in relation to the transaction.

Question 10

Hunt v. Luck; Physical Enquiries

Answer 10

A purchaser of land is held to have constructive notice of the interests of a tenant who was in possession of the land, since the purchaser was expected to make enquiries of anyone in occupation other than the vendor.
If the purchaser did make enquiries but the tenant didn’t disclose their interests then the purchaser would take free from them.