Case Law - Equity, Trusts and Co-ownership

Question 1

Bull v. Bull (1955) – see also Williams & Glyn’s bank v. Boland (1980)

Answer 1

A beneficial interest can arise as a result of your actions – putting up part of the cost of a house purchase for example.

Question 2

Stack v. Dowden (2007)

Answer 2

Joint legal ownership equates to joint beneficial ownership in the absence of any express declaration otherwise. However, where sufficient evidence can b provided, this presumption can be rebutted.

Question 3

Thorner v. Major (2009)

Answer 3

Proprietary estoppel relies on a clear assurance, not ‘clear and unequivocal’. Moreover, it must relate to land owned by, or about to be owned by, the party.