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According to Lord Wilberforce, before an interest can be considered property, it must have all of the following characteristics EXCEPT:
According to Lord Wilberforce, before an interest can be considered property, it must have all of the following characteristics EXCEPT:
- Definable
- Permanence and stability
- Capable of assumption by third parties (correct)
- Identifiable by third parties
Which of the following is NOT a characteristic of a property right?
Which of the following is NOT a characteristic of a property right?
- Recovering the property itself
- Enforcing the right against at least some third parties
- Transferring the right to another
- Existence without all elements being present (correct)
Equitable interests are exemplified by the interest of a beneficiary under a trust.
Equitable interests are exemplified by the interest of a beneficiary under a trust.
- True (correct)
- False
Who created an equitable charge on the land?
Who created an equitable charge on the land?
Who succeeded in having the sale set aside?
Who succeeded in having the sale set aside?
Why was the mortgagor bound by the equitable charge of the third party?
Why was the mortgagor bound by the equitable charge of the third party?
Which court came to protect other rights unrecognised by the common law?
Which court came to protect other rights unrecognised by the common law?
What are some examples of equitable interests?
What are some examples of equitable interests?
What is the difference between an equity and an equitable interest?
What is the difference between an equity and an equitable interest?
What is the role of the court in relation to undefined equities?
What is the role of the court in relation to undefined equities?
What is the primary rule for determining the priority of estates and interests?
What is the primary rule for determining the priority of estates and interests?
What must someone with a legal estate establish in order to gain priority over an earlier equitable interest?
What must someone with a legal estate establish in order to gain priority over an earlier equitable interest?
When does the rule giving priority to the owner of a legal interest apply?
When does the rule giving priority to the owner of a legal interest apply?
What is the position when the competition is between an equitable interest and a mere equity?
What is the position when the competition is between an equitable interest and a mere equity?
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