Equity Definition Land Law

Property need not necessarily be susceptible of transfer.

Equity definition land law. For example as per the company policies managers should use equity in dealing with subordinate employees. It is registration that vests and divests title justice raja azlan shah in pjtv denson s case under the torrens system the register is everything justice ajaib singh in teh bee v k. At common law wrongful possession of land might give rise to an estate in fee simple with the rightful owner having but a right of re entry. A common law debt albeit not assignable was nonetheless property.

Equity under the land law. In its broadest sense equity is fairness. The word equity has the following meanings. This maxim sets out that equity is not in place to overrule judgements in common law but rather to make sure that parties don t suffer an injustice.

Equity brings particular sophistications to the subject. Equity and land law 2 25 2015 1equity land law 2. Courts will firstly apply common law and if this is not fair then an equitable remedy will be provided. While legal remedies typically involve monetary damages equitable relief typically refers to injunctions specific performance or vacatur.

A legal definition from the oxford dictionary describes equity as a branch of law that developed alongside common law and is concerned with fairness and justice formerly administered in special courts. The separate body of law developed in the court of chancery which supplements corrects and controls the rules of common law. Equity follows the law. These equitable doctrines and procedures are distinguished from legal ones.

Nature of legal right to land under the malaysian torrens system. In law the term equity refers to a particular set of remedies and associated procedures involved with civil law. Equity and land law topic 2 1. The body of principles constituting what is fair and right or the natural law it could refer to fairness impartiality or evenhanded dealing.

As a legal system it is a body of law that addresses concerns that fall outside the jurisdiction of common law. Equity was the name given to the law which was administered in the court of chancery. The judicature reforms in the 1870s effected a procedural fusion of the two bodies of law ending their institutional separation.