Equitable estate

Equitable estate is an interest or right in, or ownership of, property that is recognized by equity but not by the common law. An interest or (equity) in a property (such as that of a life tenant or the beneficiary of a trust) that amounts to a real right but is not a legal right.

A beneficiary under a trust has an equitable estate. Any disposal of an equitable interest (e.g. a sale) must be in writing. Some equitable interests in land must be registered or they will be lost if the legal title to the land is sold. Similarly, equitable interests in other property will be lost if the legal title is sold to a bona fide purchaser for value who has no notice of the equitable interest. In such circumstances the owner of the equitable interest may claim damages from the person who sold the legal title.

Also called equitable interest.


 

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