Topic 5: Equitable Assignment of Legal Property
ASSIGNMENT OF PROPERTY LECTURE SUMMARY: 2
BASIC APPROACH TO ASSIGNMENT 2
TYPES OF LEGAL PROPERTY 2
TYPES OF DEALINGS WITH PROPERTY 3
1. Assignment 3
Some rights cannot be assigned: 3
o Exceptions: 3
Requirements for a valid legal assignment of legal property 4
Legal requirements for valid transfer of land 4
Legal requirements for valid transfer of debt or chose in action 4
Agreement to Dispose of an interest in land – must be in writing. 5
3. Declaration of Trust; 5
Revocable Mandate 6
FUTURE PROPERTY 6
Examples of future property assignable in equity include: 6
IF REQUIREMENTS HAVE NOT BEEN COMPLIED WITH, WILL EQUITY RECOGNISE THE INTEREST? 8
General principles in equity: 8
Equitable Assignment of Legal Property 9
A How does requirement for legal assignment fail? 9
B Equitable assignment of legal property for consideration 9
C Voluntary assignment of legal property assignable at law 9
1. General Rules: Rule in Milroy v Lord (1862) 45 ER 1185 10
Shares 11
3. Torrens Title Land 11
D Voluntary assignment of legal property not assignable at law 12
#MarksActCth
#Law
#Equity
#CommonLaw
#PropertyLaw
#ContractLaw
#EnglishPropertyLaw
#Assignment
#Chose
#EquitableInterest
#Consideration
#TrustLaw
#MilroyVLord
3
Found Helpful
12 Pages
Topic Notes
Year: Pre-2023
#MarksActCth
#Law
#Equity
#CommonLaw
#PropertyLaw
#ContractLaw
#EnglishPropertyLaw
#Assignment
#Chose
#EquitableInterest
#Consideration
#TrustLaw
#MilroyVLord
3
Found Helpful
12 Pages
Topic Notes
Year: Pre-2023This document is 10 Exchange Credits
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