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Property Law Bachelor - Essay Example
1. Don and Gill are father and daughter. Gill began relationship with Bob and decided to live together. Don, Gill and Bob together purchased a flat. Don paid 15% of the price money and remaining 85% was paid by Gill and Bob together by securing loan. The title of the flat was conveyed in the name of Don alone.
Gill was not aware of this will. Don died without altering his will to give effect to his promise to inherit his property to his daughter Gill.
3. Gill and Bob were thought of buying other property in their name. But they decided to live in the same flat, which is in the name of Don. When Don promised that Gill would inherit all his property Bob has paid the remaining installments of the loan amount from legacy, which he received after the death of his aunt. He also spent on re-decoration and re-fittings of the flat out of his legacy.
Now three issues arisen out of the facts stated above they are 1. Whether Gill can claim the flat under an implied trust 2. Whether Gill can make a proprietary estoppel claim in respect of Don's promise to leave his property to her, 3. Whether Bob could make any claim regarding the flat if he and Gill separated. These issues can be dealt as following:
The remedy to these issues lies in the law of Property. The law provides for rights over property. Those rights are legal and equitable rights. Trust creates equitable rights. Common law recognizes legal rights. Equitable rights are also enforceable in common law but they are enforceable in personam, i.e. they are enforceable against only a particular person i.e. particular trustee. ...