Step 1 classify the interest legal or equitable cl

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Step 1 – classify the interest (legal or equitable) CL meaning of purchaser was anyone who go land, outside of illegal methods. “Without notice” meant you didn’t know about prior interest but also meant you took without constructive notice either. 17
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18 “Bone fide” basically means that if you took notice, you are NOT this! 2. Legal interests are enforceable against any purchaser. In case of conflict between legal interests, the first in time has priority. 3. Equitable interests are generally enforceable against a subsequent purchaser, other than a bona fide purchaser of a legal interest for value without notice 4. Special rules apply in cases of conflict between equitable interests ENFORCEABILITY OF PROPRIETARY INTERESTS PROBLEM 1. Ann is the owner of a legal fee simple estate in Blackacre, a parcel of unregistered (general law) land. She grants a series of interests as set out below. Assume that in each case the purchaser (ie acquirer) provides valuable consideration, and has no notice of the prior interests. On 1 January, Ann executes a deed granting Bob an easement of carriageway over Blackacre. Bob has a legal easement On 1 February Ann executes a deed, leasing Blackacre to Cindy for a term of 6 years. Cindy gets a legal lease. Does she have preference over Bob? NOT, as Bob is legal owner. BUT, there is potential for conflict. Later on 1 February, Ann orally leases Blackacre to Daniel for a term of 2 years. Daniel moves in the same day. Dan has a legal lease, as he moved in straight away. Conflicts with Cindy. Cindy would prevail and it is completely inconsistent with Dan, who came after. Thus, he’d lose it all!!! On 1 March, Ann enters into a written contract to sell Blackacre to Eric, and receives his deposit. Eric has an equitable interest (by way of a SP K). Wlash v Lonsdale says you can have an equitable fee simple. No indication he was aware of prior lease, so yes, there’s a conflict and he’ll lose here too. Later the same day, Anne executes a deed of conveyance of Blackacre to Fran. How can Ann give away the equitable fee simple, and then the legal one later on to Fran? See the 2 nd rule (priority rules – GL). Basically, Fran would win if this was proven, but in real life, it is hard to prove. 2. Basically, Ann has double-sold her interest, which is immoral, but lacks logic too. English law has said that Fran and Eric both have a valid interest, BUT English law says one must show they have a priority over it. CONFLICT OF INTERESTS IN LAND 1. Interests in land may conflict wholly or partially 2. Concurrent interests in the same land do not always conflict 3. There is no real conflict where a purchaser of a later interest knows and takes subject to an earlier interest. 4.
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