Chapter

The Acquisition of Equitable Interests

Ben McFarlane, Nicholas Hopkins and Sarah Nield

in Land Law

Published on behalf of Oxford University Press

Published in print April 2017 | ISBN: 9780198735328
Published online September 2017 | e-ISBN: 9780191799563 | DOI: http://dx.doi.org/10.1093/he/9780198735328.003.0005

Series: Core Texts Series

The Acquisition of Equitable Interests

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This chapter considers the acquisition question in relation to certain equitable interests, and more specifically the principal circumstances in which equitable property rights can be acquired. The discussion is centred on equitable interests that arise under a trust and on those acquired through the doctrine of proprietary estoppel. Equitable interests that arise under a trust are also known as beneficial interests. Interests that exist under a trust are necessarily equitable, but not all equitable interests require a trust. The chapter first considers how a beneficial interest under a trust can be acquired and how express trusts of land are created before turning to the acquisition of beneficial interests through resulting and constructive trusts. It then describes four types of constructive trust and goes on to explain the doctrine of anticipation. It also assesses the relationship between proprietary estoppel and constructive trusts.

Keywords: acquisition question; equitable interests; equitable property rights; proprietary estoppel; beneficial interests; express trusts of land; constructive trusts; doctrine of anticipation

Chapter.  24874 words.  Illustrated.

Subjects: Land Law

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