Bar Council Written study materials
Bar Council Written study resources

Bar Council Written: Property, Land and Equity

Bar Council Written · Work through your exam, one topic at a time.

All guide sections

Property, Land and Equity

Core concepts

Understand the distinction between real and personal property, legal and equitable interests, and the doctrine of estates. Study freehold and leasehold, co-ownership (joint tenancy and tenancy in common), and the rules of severance. Learn registration of title, priorities, easements, covenants, and mortgages. Equity contributes trusts, fiduciary duties, equitable remedies, and the maxims.

Traps

Questions test whether an interest is legal or equitable and whether it binds a purchaser. Registration often determines priority. Distinguish a licence from a lease; exclusive possession is decisive. Restrictive covenants run in equity, not at law. Severance of a joint tenancy requires an act, not merely intention.

Worked example

Two owners hold as joint tenants. One transfers her share to a third party without the other's knowledge. That transfer severs the joint tenancy in equity, creating a tenancy in common. On death, the deceased's share passes under her will rather than by survivorship.

Rule of thumb

For any land problem, ask: what interest, legal or equitable, registered or not, and does it bind the purchaser? Then apply priorities and remedies.