Mere equities and third parties in leasehold law

Pawlowski, Mark and Brown, James (2010) Mere equities and third parties in leasehold law. Landlord and Tenant Review, 14 (3). pp. 100-104. ISSN 1365-8018

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.

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