Equitable easements are non-possessory interests in a property that grant specific rights to someone who does not own it. They are tied to the deed of ownership and can be positive or negative. Violations can be stopped by injunction, but if the right is relinquished or not protected, it will not be enforced. It is […]
Equitable lien is a legal remedy to prevent unjust enrichment by pledging the offender’s property. The plaintiff must obtain a court order, prove a tort, and can choose an alternative remedy called a constructive trust. Buyers are subject to the lien if they have prior knowledge, but bona fide buyers are not. The lien can […]
Equitable charge is an agreement where a debtor uses an asset as collateral for a financial obligation. The creditor has a claim on the asset in case of a breach of obligation, and the court may transfer ownership or order the sale of the asset to settle the debt. This arrangement helps the debtor receive […]
