An equitable lien is a claim placed by a court of equity for injustice or a criminal act an overview on how these liens work and tips for legal help. 2010 pennsylvania code title 20 - decedents, estates and fiduciaries chapter 3 - ownership of property legal title and equitable estate estate - 301 - title to real and personal estate of a decedent. Equitable interests in property during bankruptcy when an individual files a bankruptcy case, a bankruptcy estate is created this bankruptcy estate is comprised of all legal or equitable interests of the debtor in property as of the commencement of the case.
Rule in shelley's case -- if a grant or devise creates some freehold estate in an ancestor and if, in the same conveyance, a remainder of the same quality (legal or equitable as the case may be) is expressly limited to the heirs or heirs of the body of that same ancestor, then the phrase and his heirs or and the heirs of his body. An equitable, is a right or interest in land, which not having the properties of a legal estate, but being merely a right of which courts of equity will take notice, require the aid of such a court to, make it available. Legal research on wills and estates unadopted stepchildren as intestate heirs, by matt mcdavitt, national legal research group. Bits of law site header home bits of law create or transfer / legal estate or interest in land / legal or equitable general rule: legal estates & interests.
The law recognizes that your interest in property may either be a legal or an equitable one in this article we examine, in the context of registered land, the differences between holding a legal interest versus an equitable interest in property and the manner in which these interests may be acquired. Under paragraph (1) of subsection (a), the estate is comprised of all legal or equitable interest of the debtor in property, wherever located, as of the commencement of the case the scope of this paragraph is broad. An interest in property, whether real or personal, that was created equitably and only lasts for the life of the holder of the estate equitable life estate - legal dictionary login. An equitable interest is an interest held by virtue of an equitable title (a title that indicates a beneficial interest in property and that gives the holder the right to acquire formal legal title) or claimed on equitable grounds, such as the interest held by a trust beneficiary.
Legal interest - n(in land law) a right in or over land it may comprise equitable ownership of the land (such as the interest of the tenant for life under a settlement), where the legal estate. Legal interests and equitable interests compared discretionary nature of equity unlike a right recognisable in law, all equitable rights are enforceable only at the discretion of the court. What is the difference between legal and equitable interests and why it is important to distinguish them if you have a legal interest in land then it.
The point, however, is that interests, be they legal or equitable, will often clash in some circumstances, a person with an equitable interest may have a better claim to land than the legal title holder. Bankruptcy estate all legal or equitable interests of the debtor in property at the time of the bankruptcy filing (the estate includes all property in which the debtor has an interest, even if it is owned or held by another person. : the estate of a debtor in bankruptcy that includes all the debtor's legal and equitable interests in property as set out in the bankruptcy laws — called also debtor's estate — see also bankruptcy , trustee in bankruptcy. If you have a legal claim, she concentrates her practice in the areas of elder law, estate planning and administration, business planning and tax law deirdre's. Trust, estate and probate law has many interesting quirks an example of this is the equitable retainer doctrine in short, it is a legal concept which, in practice, reduces the amount of inheritance a heir may receive if the heir had a debt to the deceased.
An estate or interest in land by operation of equity , such as the estate or title of a person for whose use or benefit lands are held in trust by another, the latter having the legal estate. Equitable law and legal definition equitable refers to something characterized by fairness, impartiality, or lack of bias '''equity''' is the name given to the whole area of the legal system in countries following the english common law tradition that resolves disputes between persons by applying principles of fairness and justness. Although a plaintiff may plead alternative claims for relief, pleading both legal and equitable remedies based on the same conduct may face a motion to dismiss the equitable claim if an adequate legal remedy is available.
Equitable set off: court of appeal restates legal principles and the appropriate test. Legal title is generally the person named on the property equitable title is who is the real owner of the property even if titled in another's name in an estate situation, the decedent has legal title, but equitable title rests with the beneficiaries who will ultimately be given legal title to the. 'a conveyance to a purchaser of a legal estate in land shall overreach any equitable interest or power affecting the estate, whether he has notice thereof there are various instances where overreaching can take place but the relevant one here is. Legal title refers to the duties and responsibilities of maintaining and controlling some property, while equitable title refers to the benefits and enjoyment of that property.