What is the difference between tracing and following? Following is normally quite simple, involving the physical location of a tangible asset.
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Trust law. This can consist of assets and ownership rights of a person.
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• First, the legal distinction between legal and equitable interests in property o Trustees have legal ownership, but the beneficiary has an equitable interest in the same property. It is submitted that there is no significant difference between concepts of 'beneficial interests' and 'equitable interests'. This has various consequences.
In theory, such a constructive trust.
. . Difference between these judgments relates to the source of the equitable interests said to be held by Gale and Heider: o Griffith CJ: the Act itself creates and recognises equitable interests.
If rights are to bind purchasers of land as proprietary interests, they must be shown to have existed in pre-1926 law. Lenders will often take security as support for a borrower's obligations under a loan.
In theory, such a constructive trust.
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An equitable interest arises where there is an interest in the property, but no legal title exists. Nov 9, 2022 · Michael Nancarrow, Penny Carruthers, Steven White, Christopher Boge, Dominic Cudmore and Astrid Di Carlo.
Exception: Beneficial interests under a trust must be "manifested and proved" by signed writing (Law of Property Act 1925, section 53(1)(b)). .
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The expression 'an interest in land' in the statutory provision requiring writing 1 comprises all proprietary interests in land, whether legal or equitable. . Both concepts have as their core characteristic an interest in property which can be enforced in equity.