Assignments of Property Rights Flowchart
(Acknowledgements: Elizabeth Lanyon, Vicki Vann, Susan
Barkehall-Thomas)
Is there an assignable right?
Mere personal right Present property right
e.g. right of access exists e.g. real property Future property right e.g.,
contract to purchase a calf, not yet
born
Fails - cannot be Was value given? Was value given?
assigned
Yes - equity will No – it fails as it
enforce assignment cannot be
if/when identifiable assigned
Yes – assignment will be No – then property comes into
enforced. Assignor will depends on kind transferor’s hands:
hold on CT for assignee. of property Tailby
Equitable property
Legal property
Is it assignable at law? No. (Part chose)
1. Is there a manifest intention
to assign immediately and 1. Is there a manifest intention
irrevocably? Norman AND to assign immediately and
Yes – is it complete 2. Not need any writing (s 53 (1) irrevocably? Norman AND
according to relevant (c) PLA) as not equitable 2. is it in writing (required by s
transfer rules? property. 53 (1) (c) Property Law Act)
No – then has the donor
Yes – successful done all they alone can do? Yes – assignment
legal assignment No – assignment
Is it beyond recall? Corin recognised by fails
equity
Yes – assignment No – the assignment fails
recognised by equity
Property in the asset has passed. If there is a completed legal assignment, the
transferee takes title. If the assignment is complete in equity, the assignment will be
enforced against the transferor in equity.
