Land Law: Trusts of Land (Workshop #6)

Question Sheet

  1. where two or more persons have legal and/or equitable title to the same land/property at the same time. any trust of property which consists of or includes land (s 1(1)(a) Trusts of Land & Appointment of Trustees Act )

  2. the separation of the title to property from the right to enjoy it for one’s own benefit — Aruna Nair

  3. legal title = trustee, equitable title = beneficiary 

  4. 4 trustees (According to the Trustee Act 1925, s 34(2)(a)

  5. express or implied

  6. intention must be evidenced in writing (Law of Property Act (LPA) 1925, s 53(1)(b) a declaration of trust respecting any land or interest… must be manifested and proved by some writing signed by some person who is able to declare such trust or by his will

  7. No (LPA 1925, s 53(2): … section [53(1)(b)] does not affect the creation or operation of resulting, implied or constructive trusts.

  8. Resulting Trusts = arise when one party pays for a the purchase of the land but the land is in another’s name

  9. Constructive Trusts = when it would be inequitable to deny one interest in land OR by way of one’s conducty has induced to act to their own detriment in the reasonable belief that


Activities Worksheet

  1. s 53(1)(b) of Law of Property Act 1925 requires express trusts to have intention be evidenced in writting, therefore it is an implied trust. Due to the ‘cash contributions to the purchase price’ made by A and B it is a Purchase Money Resulting Trust

  2. A and B choose to live together Express Common Intention Constructive Trust

  3. Express Trust 

  4. Implied Trust Express Common Intention Constructive Trust