impl t

Question 1

In order to establish an express trust over land, the declaration of the trust must be in …

Answer 1

…signed writing. Section 53(1)(b) of the Law of Property Act 1925

Question 2

An implied trust need not be ***** (Law of Property Act 1925, s 53(2)).

Answer 2

…evidenced in writing.

Question 3

What are two types of implied trusts?

Answer 3

Resulting and Constructive trusts.

Question 4

What is a resulting trust?

Answer 4

A resulting trust is a type of implied trust that will arise when one party makes a contribution to the purchase price of a property and that contribution is not intended to be a gift or loan (Bull v Bull).

The partner who holds the legal estate is then said to hold the property on trust for themselves and the contributor in proportion to the size of their contribution.

Question 5

In Curley v Parkes it was held that only a contribution to the ** and ** will be sufficient (to establish a resulting trust.

Answer 5

…contribution to the deposit or the purchase price.
Not
payment of legal fees, removal costs, stamp duty or later payments of mortgage instalments.

Question 6

Under a resulting trust, the size of the non-legal owner’s share is in proportion to the…

Answer 6

..size of the contribution made towards the purchase of the property.

Question 7

If there is an implied trust, this is held as a * in common.

Answer 7

..tenant in common.

Question 8

A constructive trust can be established if you can show what?

Answer 8

An express or inferred common intention

The non legal owner acted to their detriment or alter their position relying on the agreement

Question 9

Under a constructive trust, once the courts have established an agreement, arrangement or understanding, or a common intention to share the equitable interest, together with acts to the detriment by the non-legal owner, they have discretion about…

Answer 9

…they have discretion about the size of share they can award the non-legal owner.

Question 10

In Lloyds Bank v Rosset [1991] 1 AC 107, Lord Bridge made it very clear that the conduct that would be sufficient to allow the court to infer a common intention was…

Answer 10

..direct contributions towards the purchase price by a person who is not the legal owner, whether initially or by payment of mortgage instalments’. He doubted ‘whether anything less will do’.

Question 11

Making mortgage payments will not trigger a …

Answer 11

…resulting trust but can be used as conduct allowing the courts to infer the existence of a common intention constructive trust.

Question 12

The court in Drake v Whipp held that if the court finds that there was no express agreement between the parties, it can take a broad approach to quantifying the size of the parties’ respective shares, taking into account the parties’ conduct, the direct and non-direct financial contributions and any non-financial contributions, such as…

Answer 12

…housework.

Question 13

Stack v Dowden held that in determining the share of a beneficiary under a constructive trust, the court should consider the ** *** ** ** between the parties in relation to the property.

Answer 13

**whole course of dealing

Question 14

What did the the whole course of dealing in Stack v Dowden mean?

Answer 14

It includes the arrangements which they make … in order to meet the outgoings (for example, mortgage contributions, council tax and utilities, repairs, insurance and housekeeping) which have to be met if they are to live in the property as their home.