trasnfer of title in equity

the role of equity in the acquisition of title and rights in property

equity might recognise property rights despite non compliance with legal formalities

• equity looks on that as done which ought to be done

• equity looks to intent, not form

equitble maxims in the trasnfer of intangible personal property

• equity will not assist a volunteer

• equity will not perfect an imperfect gift / constitute a trust

Milroy v Lord - 3 ways of transferring title

1. transfer legal and equitable titles to a transferee - gift/sale

2. keep legal title and give away equitable title - self declaration as a trustee

3. give legal title to a trustee who will hold it - third party trust

Jones v Lock principle

Re Rose rule

every effort rule - if the donor has done all that they could to transfer the property, that is sufficient in equity

what case was the re rose rule confirmed in

mascall v mascall

how did Pagarani [2001] and Pennington [2002] change the every effort rule/?

Introduced the principle of unconscionability —> even if the donor hasn’t dont everything thats required, the court may enforce the transfer if it would be unconscionable to allow the donor to withdraw

list the three exceptions to the maxim ‘equity will not perfect an imperfect gift’ identified in curtis v pulbrook

1. re rose every effort rule

2. detrimental reliance

3. benevolent construction

what is the rule from strong v bird?

a gift is ‘fortuitously completed’ if:

1. the donor intended to make an immediate gift

2. that intention continued until death

3. the intended recipient is appointed executor

when are equitable rights in land created?

where there is attempt to create a legal right, but there has been a failure of formalities

where there is attempt to create a legal right, but there has been a failure to register the right as required

requirements for a valid estate contract under s. LP(MP)A 1989

1. must be in writing

2. must contain all expressly agreed terms

3. must be signed by both parties

rules for covenants in leaseholds v freeholds

leasehold - both positive and restrictive can be enforced

freehold - only restrictive covenants can pass on to a successor

requirements from Tulk v Moxhay for a restrictive covenants burden to pass in equity?

1. must be restrcitive

2. must benefit the dominant land

3. orginal parties intended for the burden to pass

4. purchaser had notice of the covenant

define overreaching

where equitable proprietary interests in land are converted into monetary interests in the sale proceedshw

whne does overreaching occur

when the purchase money is paid to at least two trustees