Section 7 Equitable Remedies

• Library: Real Estate Fundamentals 2011

A person can bring an action in equity “to remove a cloud on the title” and to obtain:

· an injunction against the recording of a void deed;

· the enforcement of a void judgment;

· the correction of a mutual mistake; or

· other appropriate equitable relief.

This is said to apply only to cases when “legal acumen” is necessary to discover the defect. If the defect is obvious and is shown of record, the court will not entertain jurisdiction of this kind of suit. Equitable relief, however, cannot be...