Are Equitable Interests Registrable?
In Most Cases, Equitable Interests Are Unperfected and Not Registrable. the Rights of Transferees and Chargees Under Unregistered Documents May Be Perfected by...
In most cases, equitable interests are unperfected and not registrable. The rights of transferees and chargees under unregistered documents may be perfected by registration. Until then, the rights are equitable and vulnerable to being defeated by the transfer or other disposition by the registered owner.
Are equitable interests binding?
Unlike a right recognisable in law, all equitable rights are enforceable only at the discretion of the court. ... Legal rights, however, are enforceable as of right. Once the existence of the right is established it is not really open to the court to consider the merits of the situation before giving a remedy.
Is an equitable charge registrable?
In contrast to the registered mortgage, the equitable charge over real property is not generally registrable. of the land upon default unless the original agreement between the parties entitles the equitable chargee to do so, in which case no court order is required.