Equitable Interest

An interest in property recognised in equity but not at common law. Equitable interests include beneficial interests under trusts, interests arising from proprietary estoppel, and rights under estate contracts. They are enforceable against most third parties once protected by registration.

In practice

When enforcing a judgement, a creditor may seek to identify equitable interests held by the debtor. A charging order imposed on an equitable interest is itself an equitable charge, and the creditor must apply to the Land Registry to protect it by way of a restriction or notice on the title.