ABSTRACT
The remedial aspect of equitable property must be recognised for the correct functioning of the legal system. Equitable property is in close relationship with obligations. The twin characteristics of the constructive trust are evidenced in the equitable lien in that it is both a remedy and an institution. This chapter examines the use of the equitable lien as a remedy, that is, equitable liens imposed by the courts or, using the Bogert division, the second class of equitable lien. Under the remedial theory equitable proprietary remedies other than the constructive trust may be employed. Instead of ordering a constructive trust the court may grant relief by means of an equitable lien. The ability of being able to tailor the equitable lien is essential to its role as a remedy. The political ideology of England during the seventeenth and eighteenth centuries is essential to the common law’s conception of property.
