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In advising Bennys position of the interest over the said property (the flat), it is necessary to examine the relationship between Amy and Benny, because, the flat is at Amys sole name.

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Introduction

In advising Benny's position of the interest over the said property ("the flat"), it is necessary to examine the relationship between Amy and Benny, because, "the flat" is at Amy's sole name. It is not arguable, Amy is the legal owner and subsequently withheld the legal title. Also, they are unmarried couple and started cohabiting lived at "the flat". Besides "the flat" was free of mortgage, in virtue of Amy's earned profits made from her investments. Thus, it is difficult for Benny to entitle as he wished at least a half share of "the flat". In analysis the proposition of legal authority, there are two limbs of recognised interest over "the flat", either legal interest or equitable interest. Legal interest is binding upon to the whole world, all subsequent created legal or equitable interest. Admittedly, Benny did not have such legal interest (or estate). The legal interest (or estate) is enforced by the common law rules, as well defined at Section 2 of CPO1 in statutory and creates into formalities (emphasis on 'form'). It means that "the flat" is to be disposed (i.e. transferred and created) its legal interest by assignment ("conveyancing document"). Must be in the form of a deed signed, sealed and delivered by the vendor (one hold legal title as legal owner) to effect a valid transfer of legal estate2. Owing to Amy's sole name over "the flat", then Benny did not have such legal title. Nevertheless, it could be unfair or unjust, whether Benny did not qualify his legal title to ignore his financial contribution at the past. Under the rule of equity may intervene to bring equitable remedies to recognise his equitable interest. It is derived from the equitable principle of "equity looks on that as done which ought to be done." The courts exercise their discretion to rectify the defects of common law rules to grant an order of specific performance to demand the property its entitled equitable right. ...read more.

Middle

In the absence of any oral agreement or contract or inadequate legal formalities had been created between Amy and Benny. So it not successful to operate these two kinds of remedies to redress Benny's claim of half share. I, (Ip Kim Man and student's no. 88122570) declare that 1,963 in total number of words used in my coursework assignment, excluding footnotes and this declaration, does not exceed 2,000. 1 Section 2 of the CPO defines a "legal estate" including: (a) a term of years absolute in land: (b) the legal interest in any easement, right or privilege in or over land for an interest equivalent to 'a term of years absolute'; and (c) a legal charge. 2 According to Section 4(1) of the CPO, the legal interest will only be recognised by the assignment in deed. Provides that "A legal estate in land may be created, extinguished or disposed of only by deed." Subsequently, s.19 of CPO, defined "deed" must be signed and delivered. 3 Because of the trust, the existence of the relationship between the legal owner (or so-called trustee) and beneficiary (or so-called equitable owner) is created in the eye of equity. In advance, the trustee owe the fiduciary duty to the beneficiary, in order to vest the obligation of management of property under the trust created, either expressed or implied. Under the doctrine of express and implied trust, the beneficiary/equitable owner is binding to all his/her assignees, in the condition of acquired notice of his/her equitable interest. 4 Section 2 of CPO, provides that " any estate, interest charge in or over land which is not legal estate or a freehold." 5 Section 5(1)(a) of CPO stated: "No equitable interest in land can be created or disposed of except by writing signed by the person creating or disposing of the same, or by his agent thereunto lawfully authorised in writing or by will or by the operation of law." ...read more.

Conclusion

But, in Greasley v. Cooke [1980], the claimant was a maid over many years and become the lover of the son of the family. She worked in home and took care of her lover's mentally disabled sister. She was assured on a number of occasions that she would remain living in the house for the rest of her life. The Court of Appeal held that she had acted to her detriment to care for the family and failure to secure herself in leaving the house to obtain alternative employment. So, she was in favour of estoppel equity to remain in the house, rent-free as she wished to do so. 26 Watts v. Story [1984], the Court of Appeal held that the claimant, who had given up his tenancy in Leeds to move into his grandmother's home in Nottinghamshire. When the claimant moved to the Islan of Wight and as a result gave up any prospects of employment in Leeds, had suffered no detriment. 27 The doctrine of part performance will only apply where there is a concluded binding oral contract between parties. In addition, there must be clear evidence, whether oral or otherwise in related of the existence of a contract with certain and definite terms. So, this kind of oral contract is only enforceable in equity and must be capable of specific performance. 28 The rule in Walsh v. Lonsdale, is to apply in creation or disposition of an interest in land, where inadequate legal. The effect of the rule in Walsh v. Lonsdale is "An agreement for a lease is as good as a lease provided specific performance is available." An equitable interest arising under the doctrine of Walsh v. Lonsdale will be supported by an instrument that must be registered under the Land Registration Ordinance in order to preserve its priority in the same way as a deed that creates a legal estate. ?? ?? ?? ?? Course Title: Law of Property Course Code: LW2206 Name: Ip Kim Man Student No. 88122570 ...read more.

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