Land Law Chapter 6 "Owning Property with Someone Else 2"

Gary Rowland
Flashcards by Gary Rowland, updated more than 1 year ago
Gary Rowland
Created by Gary Rowland almost 4 years ago
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Chapter 6
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Question Answer
What is a resulting trust? A type of implied trust. Arises when payments towards the purchase price were made at the time of the acquisition of the property (Bull v Bull)
What is a constructive trust? A type of implied trust. Arise in relation to land when there is either An express common intention (evidence of intention) to share ownership or Inferred common intention (court will infer based on conduct of parties) Must show claimant acted in reliance on promise to his detriment
How does co-ownership differ between family homes and commercial property? FH - In the absence of any express declaration of a TIC, it's presumed the home is to be held by both partners with the beneficial interest held on joint tenancy CP - Presumption is that unequal contributions to the purchase give rise to TIC. Can be rebutted
Equitable interests must be in writing (s53 (1) LPA 1925) What exceptions are there to this rule? Implied, resulting and constructive trusts
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