Legal vs Equitable Interests | Land Law

Subscribe to my personal channel for videos on how to study law effectively & efficiently:    / @heygarethevans   Equitable rights in rem are rights that were recognised by the court of chancery historically and legal rights in rem were recognised by the common law courts . So historically we had 2 parallel systems of law, the common law and equity – equity was designed to deal with any injustices of the common law court and provide solutions/remedies where the common law wouldn’t. Now, although there are 2 separate systems, the court have been merged and deal with common law and equity together – where there is a conflict equity will prevail. Legal rights in rem are more likely to bind a purchaser of land. The conditions/criteria in establishing a right of rem are more easily satisfied by legal rights in rem than equitable rights in rem in general terms – this is where the distinction has a practical relevance to us.

The only estates or interests which are capable of being legal are the fee simple, lease (LPA 1925 s.1(1)), easement, rentcharge, mortgage, statutory charge and right of entry (LPA 1925 s.1(2)). All other interests (e.g. the restrictive covenant, estoppel equity and beneficial interest under trust) are necessarily equitable (LPA 1925 s.1(3)).

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