Co-ownership

Question 0

Burgess v Rawnsley

Answer 0

(On severance by mutual agreement) The agreement between the parties need not be one that is binding on the parties; it is sufficient for it to show a common intention to sever

Question 1

Goodman v Gallant

Answer 1

an express declaration on how the co-owners should hold the equitable interest is conclusive

Question 2

Curley v Parkes

Answer 2

A resulting trust will arise in proportion of direct contribution to the purchase of property.
Financial contributions made subsequently to the acquisition of property are not sufficient

Question 3

Lloyds Bank v Rosset

Answer 3

A constructive trust arises in presence of an agreement or a common intent to share the equitable interest, and act to his detriment on the side of the non-legal owner

Question 4

Grant v Edwards

Answer 4

An agreement, arrangement or understanding requires (a) a specific statement about ownership and (b) detriment act strongly linked to, and dependent on, the common intention

Question 5

Stack v Dowden

Answer 5

Courts have the discretion to determine the share of ownership under a constructive trust