LEGAL & EQUITABLE

Question 1

LEGAL

Answer 1

• s.1 LPA 25 defines rights that are capable of being legal
• will only be legal if created through proper procedure/formality
• first the proprietary right must have been created by deed
• the deed must say or imply clearly it is a deed on the face of it and executed as one eg witnessed signature
• easements through prescription and leases with 3 years or less are still legal
• legal estates and interests must be registered
• if not will be equitable

Question 2

EQUITABLE

Answer 2

• rights not included in s.1 LPA 25 are equitable
• legal rights can also be equitable
• 3 reasons a right may be equitable:
  1) excluded from the definition of legal estate
  2) no deed used where one was required
  3) not been registered even if deed is there
• to be equitable it is not enough to have potential it must have been created in the appropriate manner
• there must be use of written instrument and signed
• if no written instrument there is no right in property only enforceable through contract
• verbal agreements cannot create property rights exceptions apply
• enjoyment of the land regulated by trust is equitable