Equitable interests

This guidance note starts with informing legal practitioners about the origins of, and the modern practice relating to, equitable interests. It explains what is an equitable interest, and considers the most significant and recognised equitable interest — a trust, where the same piece of land can be the subject of two proprietary rights.

This guidance note also includes an illustration to aid legal practitioner’s understanding — it uses the example of a real property mortgage to illustrate what is an equitable interest, as opposed to a legal interest, in real property.

See Equitable interests.