Mere equities and third parties in leasehold law

Mark Pawlowski, James Brown

Research output: Contribution to journalArticle

Abstract

Examines the concept of a "mere equity" in the context of the Land Registration Act 2002 s.116(b). Considers, by reference to case law, the nature and status of a mere equity and equities coming within the category of equitable rights binding third parties, including a landlord's right to rectification of a lease, the right to set aside a lease and a tenant's right to relief against forfeiture of a lease. Comments on the extent to which s.116(b) requires a mere equity to be more than just procedural and to be an equitable proprietary right capable of binding successors in title.
Original languageEnglish
Pages (from-to)100-104
Number of pages5
JournalLandlord and Tenant Law Review
Publication statusPublished - 2010

Keywords

  • equitable interests
  • equities
  • landlords' rights
  • proprietary rights
  • tenancies
  • tenants' rights
  • third parties

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