Question about land law
Hi all, hope the study is going great! I was reviewing for the first time land law workbook from BPP and think there is something odd / wrong.
When it comes to the distinction between legal and equitable interests it says “a person who holds an equitable interest, whose interest is infringed, is not entitled to damages as a right. These are entirely at the discretion of the court “ which already seemed odd being a common law remedy - but ok.
However within the remedies of the breach of land it says “damages is a common law remedy and therefore available as of a right rather than at the court’s discretion”.
This second one seems correct to me and not the first one. But please let me know what you guys think