Implied trusts: Trusts of the family home Flashcards
what is a common intention constructive trust in relation to the family home?
provide a more flexible mechanism for determining beneficial ownership, so the courts take into account a wider range of factors than simple monetary contributions to the home.
what did Stack v Downden establish?
individual seeking to establish a beneficial interest will need to establish that they have acquired an interest…
1. common intention that they should have a beneficial interest and
2. detrimental reliance upon that intention.
what did the courts establish in Jones v Kernott about how to work out equitable title and joint tenancy? (same for single legal owners too)
- rebutting the presumption- did the parties have a common intention to hold the property other than as joint tenants? Did the claimant act in their detriment in reliance on that common intention? (intention can change over time)
- Quantification- if the parties are not joint tenants, they must be tenants in common. but in what proportions?
how to rebut the presumption that joint legal owners want joint equitable ownership?
courts first look at what has been said expressly then
whether it can be implied then
courts look at the whole course of conduct ONLY IN QUANTIFICATION.
RARE
for single legal owners, how must they express their common intention?
must be about shared ownership, not occupation e.g ‘it is half yours’
the man must demonstrate a common intention to share the beneficial ownership and that he detrimentally relied on this intention.
what is the meaning of detrimental reliance?
conduct which the claimant could not reasonably have been expected to embark on unless she was to have an interest in the house.
Is proprietary estoppel a cause of action?
YES. gives rise to an equity.
what are the three main elements to a proprietary estoppel claim?
- an assurance made to the claimant.
- reliance by the claimant on the assurance.
- detriment to the claimant in consequence of their reliance.
what must the assurance consist of in prop estoppel?
must be an assurance that the claimant has or will acquire a right in property owned by the D.
does not need to be explicit.
what is counted as reliance for prop estoppel claims?
must be a ‘sufficient link’ between the D’s assurance and the claimant’s detrimental conduct.
does not have to be the sole cause.
what counts as detriment in prop estoppel claims?
does not have to be monetary.
how to the courts decide a remedy for PE?
HOLD THE PROMISOR TO THE PROMISE.
- should never exceed the claimant’s expectation!
- if more than one remedy appropriate, the D is allowed to choose.
