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A legal right is a right you have to something without any barriers. An equitable right is one that would be recognized by a court of equity. One of the easiest to understand examples is the right of real property ownership.
Suppose a person purchases a parcel of land by deed from its owner. That person becomes the legal owner of the property. They have a legal right of ownership.
Now suppose a person inherited a parcel of land as the only heir at law of her grandfather. The grandfather's estate must be probated to transfer legal title to the beneficiary. When the estate is probated through the probate court the beneficiary will become the legal owner of the premises by virtue of the court order that allows the probating of the estate.
If the estate is not probated the beneficiary has an equitable right to the property and is not the legal owner. She has the right to commence a court action to probate the estate so she can acquire the legal right to the premises.
Another example: An owner whose land is taken by the town due to nonpayment of real estate taxes has an equitable interest in the property until that right has been barred by a court decree. In this case the delinquent property taxes are the barrier to full legal ownership. The delinquent taxpayer is no longer the legal owner of the premises. Until the delinquent owner's rights have been barred by a court decree they have the right to pay the delinquent taxes to redeem their property and become the legal owner once again.
Wiki User
∙ 12y ago
Legal rights are rights that are enforceable in a court of law, while equitable rights are rights that are based on fairness and justice, and are typically enforced by courts of equity. Legal rights are based on statutes or common law principles, while equitable rights are based on principles of fairness and conscience.
Wiki User
∙ 11y agolegal right and equitable right
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Equitable interest and legal interest?
Equitable interest refers to a person's right to benefit from a property, in contrast to legal interest which refers to the actual ownership of the property. Equitable interests arise from equitable principles and may include rights like a beneficial interest under a trust. Legal interests are recognized by law and provide clear ownership rights over a property.
Is recission a legal or an equitable remedy?
Rescission is considered an equitable remedy. It allows a contract to be cancelled and parties to be restored to their pre-contractual positions. It is typically granted by a court to prevent unjust enrichment or unfair outcomes.
What are some alliteration words for justice?
Just judgment Fairness factor Equitable evaluation Legal legitimacy
What is the difference between an enslaved servant and a slave?
An enslaved servant typically refers to someone who is forced to work for an owner, often under oppressive conditions but may have some limited rights or freedoms. A slave, on the other hand, is considered the legal property of another person and has no rights or freedoms.
What is the difference between a civil union and marriage in Oklahoma?
In Oklahoma, a civil union is not recognized by the state, while marriage is legally recognized and provides couples with legal rights and responsibilities. Marriage offers additional legal benefits and protections, such as inheritance rights, access to healthcare decisions, and eligibility for tax benefits, that are not available to couples in a civil union.
What is the difference between equitable title and legal title?
distinction between legal and equitable title
What are the differences between Legal and Equitable Rights?
Legal RightLegal rights are recognized by the courts of common law.A registered mortgage is a legal mortgage.These are certain rights.Where these two rights conflict, legal rights prevail.Equitable RightEquitable rights are recognized by the courts of chancery.A mortgage of property by simply keeping the title deeds with the creditor is an equitable mortgage.These are uncertain rights.When these two rights conflict with each other, equitable rights become weaker than legal rights.
Why do banks prefer legal mortgage to equitable mortgage?
Equitable mortgages are legal.
What was one difference between the legal rights of slaves and the legal rights of women in the United states during the 19th century?
Women could be taught to read, but slaves could not.
Does a contract for deed constitute legal or equitable title?
Equitable.Equitable.Equitable.Equitable.
What are the legal rights of a boyfriend?
Every right to be beautiful inside. Every right to tell you how gorgeous you are. Every right to listen to you. The right to love, the right to be good kissers, the right to RESPECT YOUR MORALS.
What is the difference between the constitution and other legal sources?
The constitution is the supreme law of the land that establishes the framework of government and outlines fundamental rights and principles. Other legal sources, such as statutes, regulations, and case law, provide more specific rules and guidelines to govern behavior and resolve disputes within the framework established by the constitution. The constitution takes precedence over other legal sources and can only be changed through specific processes outlined in the constitution itself.
What are some legal differences between same-sex relationships and heterosexual ones?
In states that have legalized same-sex marriage, there is no legal difference between the two. In states that have banned same-sex marriage, the difference is that heterosexual couples are permitted their civil rights.
Equitable interest and legal interest?
Equitable interest refers to a person's right to benefit from a property, in contrast to legal interest which refers to the actual ownership of the property. Equitable interests arise from equitable principles and may include rights like a beneficial interest under a trust. Legal interests are recognized by law and provide clear ownership rights over a property.
Can a court grant legal remedies or equitable remedies?
Yes, a court can grant both legal remedies, such as monetary damages, and equitable remedies, such as injunctions or specific performance. Legal remedies aim to compensate for losses, while equitable remedies seek to address broader issues of fairness and justice.
What has the author Richard Davis Craig written?
Richard Davis Craig has written: 'Legal and equitable rights and liabilities as to trees and woods' -- subject(s): Forestry law and legislation
What is the difference between legal and educational definitions for hearing impaired?
What is the difference between legal and educational definitions for hearing and visual impaired.
