Week 3 - Equitable Interests, Trusts and Co-ownership

Question 1

Equitable interests arise from

cases heard at common law. True or False?

Answer 1

False – they arise from the courts of equity.

Question 2

What is the ‘equitable doctrine
of notice’ and does it apply to
registered land?

Answer 2

One of four rules governing interests in unregistered
land. The doctrine acknowledges three forms of notice:
1. Actual notice – does the purchaser know of the
interest?
2. Constructive notice – can the courts see that the
purchaser could have ‘worked it out’ or was wilfully
ignoring it?
3. Imputed notice – did the purchasers professional
advisors know?

Question 3

Equitable interests require more
documentation than legal
interests because they are
harder to prove. True or false?

Answer 3

False. An equitable interest can be absent from any formal

documentation – see Bull v. Bull (1955), for example.

Question 4

What are the four key equitable

interests?

Answer 4

1. Restrictive covenants
2. Estoppel rights (Proprietary estoppel)
3. Estate contracts.
4. Life interest

Question 5

What are Restrictive Covenants?

Answer 5

A covenant preventing something.

Question 6

What are Estoppel rights (Proprietary estoppel)?

Answer 6

A right preventing someone denying rights to
someone else by relying on something that goes
against their past conduct, statements or denials.

Question 7

What are Estate Contracts?

Answer 7

A contractual right to a legal estate (that may not

have been completed, for example)

Question 8

What is Life Interest?

Answer 8

A right for life that dies with the holder.

Question 9

What are the three the three key Acts in

respect of Trusts?

Answer 9

The Trusts of Land and Appointment of Trustees Act
1996.
The Law of Property Act 1925.
The Law of Property (Miscellaneous Provisions) Act
1989

Question 10

What is the leading case in
beneficial trusts in property
under equity?

Answer 10

Bull v. Bull (1955).

Question 11

Which case gives the
proprietary estoppel rule for –
that a clear assurance, but not a
clear and ‘unequivocal’
assurance is needed that must
relate to land owned by the
party giving the promise.

Answer 11

Thorner v. Major (2009)

Question 12

Name the ‘four unities’

Answer 12

1. Possession – all tenants have rights to posses
2. Interest – all have an identical interest
3. Title – title is on the same document
4. Time – title was achieved at the same time

Question 13

What are the four unities a test for?

Answer 13

A joint tenancy.

Question 14

A tenancy in common arises
when all four unities are present
and there is joint and equal
ownership. True or false?

Answer 14

False.
Only possession MUST be present and ownership need
not be equal. Moreover, tenancy in common does not
have survivorship.

Question 15

Which case did Jones v. Kernott

support?

Answer 15

Stack v. Dowden
Joint legal ownership forms joint beneficial ownership
absent any contrary express declaration. This can be
rebutted with sufficient evidence.