ABSTRACT
Q Explain what equitable rights in land are Q Describe the different types of trust Q Explain when a resulting trust of land will arise Q Explain how the courts assess the shares in a resulting trust Q Describe a constructive trust and understand when it will be imposed by the courts Q Explain how the courts will quantify the shares in a constructive trust
5.1 The nature of equitable rights in land Equitable rights in land may arise in several different ways:
a) Failure of formalities: the creation and transfer of legal rights in land is subject to certain formalities. If these formalities are not complied with, then rights cannot be transferred in law. Common law has traditionally been very strict on this issue, but in some circumstances equity may step in and recognise these rights. Such rights will affect the legal owner’s enjoyment of the property and also his right to transfer the property to a third party.
