The question concerns interests in land that may arise due to contributions to the purchase price, creation of equitable interests by constructive trusts and whether these interests can prevent a sale or be enforced against the subsequent purchaser in the event of a sale.
However, on the facts, none of that exists and the legal title, on Bella’s death, is transferred to Dominic who is the sole legal owner of 41 Evergreen Terrace. As a result, the only interest Nigel can establish in the land in order to bar Dominic from selling the property and to continue occupying it is necessarily equitable.
Dominic is currently the owner at law as well as in equity, owing to the lack of any direct conveyance to another or the declaration of a trust. Nigel, in order to claim an equitable ownership of Evergreen will have to rely on a number of recent authorities that allow a third party to claim an interest in the property of another (Pettitt v Pettitt (1970), Lloyds Bank v Rosset (1989), Stack v Dowden (2007)), and argue a constructive trust in his favor.
However, since Nigel contributed to the purchase price, he can argue a resulting trust in his favor as well, according to the principals set in Curley v Parkes. It is apparent from that case that any contribution at the time of acquisition of the property will result in the creation of a purchase money resulting trust in favor of the contributor, entitling him to an equitable ownership in the property (Dyer v Dyer (1788), Laskar v Laskar (2008). However, this law is only operable if the money provided by Nigel was not meant as a gift or loan, which may as well be the case here since it was a father daughter deal. However, the facts are silent on the matter. Moreover, the House of Lords in Stack v Dowden suggested that the resulting trust mechanism to establish an equitable interest in property should be sidelined in favor of constructive trusts, since they can relate to a lot of other factors as well instead of just being concerned with the purchase money, especially in relation to family affairs. Hence, those will be considered below.
Nigel has been made a promise to after he moves in by Dominic. The words used are ...
Cite this document
(“Introduction to the law of property Essay Example | Topics and Well Written Essays - 1000 words - 1”, n.d.)
Retrieved from https://studentshare.net/miscellaneous/399562-introduction-to-the-law-of-property
(Introduction to the Law of Property Essay Example | Topics and Well Written Essays - 1000 Words - 1)
“Introduction to the Law of Property Essay Example | Topics and Well Written Essays - 1000 Words - 1”, n.d. https://studentshare.net/miscellaneous/399562-introduction-to-the-law-of-property.
Leo, Sharon, Ben and Sonya bought a house on equal shares and it needed repairs. 2. Sharon and Sonya repaired the roof while Leo cleaned the gutters and in the procedure he cut his fingers. 3. From the wound, Leo developed a dangerous disease, which resulted to fever and he was sure that he was going to die.
In addition, as per the letter, Mr. Kumar did not need a mortgage and hence he could make the purchase fast. The Thorpe Trustees replied in an informal letter dated 25th that they accepted the offer. An analysis of the rules pertaining to sale of land will prove that Mr.
Therefore, the client would seek an appraisal that maximizes the profit, which would often mean an inflated appraisal. Nevertheless, the valuer or surveyor has a duty, and this duty has been established through case law, not just to the client who hired him but to anybody else on down the line who would be affected by this appraisal.
1? ANSWER ALL PARTS. (a) Compare and contrast liability in private nuisance and the rule in Rylands v Fletcher. The rule in this case is the most often quoted example of strict liability. The traditional distinction between nuisance and trespass hinges on the nature of the intrusion.
The scope of property law is very wide but can be streamlined into two—real and personal. While real property has to do with all that pertains to land, personal property has to do mainly with commercial law and liquidation. Most times, in England, real property is considered to be more important.
Personal property includes substances that can move, such as cars, money, clothes, and any immovable items such as jewelry. The real property law deals with immovable items and this includes houses and land (Brake, 2012). The laws that guide the operations of the real property are the 1925 law of property act.
The license gives permission to the licensee as an element of mutual agreement between the two parties. It includes the permission and the record or document showing the permit. The licensor authorizes the licensee to use the licensed material. Some authorities may issue out license to allow an activity that would otherwise not be allowed.
37,000 die everyday from diseases like pneumonia, HIV/AIDS, tuberculosis, measles, and diarrhea. The tragedy is that even amidst this urgent and compelling need to address this global problem, the right of the people to health care still remains inextricably intertwined with a rigid intellectual property regime.
To begin with, we shall look at the legal and equitable interests that are currently being held by both Charles and Deborah in the property, Greengables.
Initially, the fact that the freehold property, Sunrise Lodge, was passed to Barbara’s
As per definition, personal things mean goods, money, and movables. The interest in personal either is absolute or qualified. The word property in detailed definition refers to an object / objects whose owner
5 Pages(1250 words)Essay
GOT A TRICKY QUESTION? RECEIVE AN ANSWER FROM STUDENTS LIKE YOU!
Let us find you another Essay on topic Introduction to the law of property for FREE!