This article describes the differences between Legal Right and Equitable Right.
- Legal rights are recognized by the courts of common law of England.
- A registered mortgage is a legal mortgage.
- These are certain rights.
- Where these two rights conflict, legal rights prevail.
- Equitable 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.