Wednesday, November 05, 2003

An interest in land(equitable fee simple interest) is created at the time of exchangement of contracts (Lysuaght). this is because of the transaction of exchange.However, there are differing authorities, like Chan that says that interest is only created when it is specifically enforceable, so that is to say, the interest only arises when there is settlement(purchase price paid). Who's view is the correct one? Stupid hihg courts can't make up thier minds... Bunny Industries say that interest is created at the time the breach occurs and the contract becomes specifically enforceable, so what is the true state that equity recognises?? When can a purchaser or a benificiary get specific peformance(assuming then that he/she has the equity already) of the contract? stupid stupid stupid high courts..ISH. be CONSISTENT CAN??? Barry v Heider says that an equitable interest in land can be created before registration and is not affected by s 40 because it is the transactions that create the interest, so it all doesn't matter since an interest is going to be created anyway right??? but nooooo, in a priorities dispute timing is so important..arrgh.. stupid stupid...we shud all just not buy any houses or sell any property or create and trust in land....make slife so much more simpler


die die die.....going to bullshit tomorrow...*cross fingers hope i pass*


hahaha..i calledz u today, u are so sweet callz me back n invite me outz..but haiz..laff at me...stoopid but itz cute:P oh wellz, u win some u lose sumz.

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