Legal Case Study 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 CPO[1]
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
estate[2]. Owing to Amy’s sole name over “the flat”, then Benny did
not have such legal title....
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...e 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.