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Case law analysis - Advice Martin On Whether He Has Any Rights, Which Are Enforceable Against Midlays Bank? Is The Arrangement With Des Enforceable Against Samantha And Chris?
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| Submitted: Mon Oct 11 2004
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> Introduction 3> Advice Martin On Whether He Has Any Rights, Which Are Enforceable Against Midlays Bank? 5> Is The Arrangement With Des Enforceable Against Samantha And Chris? 9> References 12> Bibliography 13> Introduction An extraordinary and important category of equitable proprietary rights in land emerges in the range of beneficial entitlements generated by various forms of trust affecting land (1). The transfer of a legal title in land carries with it, prima facie, the absolute beneficial interest in the property conveyed and there is no need to distinguish between legal and equitable ownership when land is vested upon one person. But if some other person requires a beneficial interest upon the land, then that person must demonstrate that the beneficial title does not coincide with the legal ownership and that equity would intervene on his behalf (Allen v Snyder)(2). The owner of the legal estate in land is described as holding the legal title on trust for...
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