ABSTRACT
Section 53(1)(c) of the Law of Property Act 1925 requires any disposition of an equitable interest to be in writing signed by the person disposing of the interest or their agent. Almost 100 years after its enactment, the scope of s 53(1)(c) continues to be contested and give rise to controversies. At the heart of these controversies lie a number of fundamental issues, such as the meaning of a ‘disposition’ and the nature of equitable interests and transactions involving such interests. This article argues that the expansive meaning given to ‘disposition’ in Grey v Inland Revenue Commissioners [1960] AC 1 and several misconceptions about the nature of equitable interests have given rise to conflicting and confused decisions on s 53(1)(c) . The article demonstrates where the law took a wrong turn and sketches a path forward for the next centenary of s 53(1)(c) .
€ (Westlaw)
Jordan English, ‘Dispositions of subsisting equitable interests and section 53(1)(c) of the Law of Property Act 1925’, [2024] (2) Conveyancer and Property Lawyer 140-165.
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