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Problem dealt here is between the 2 parties, who have been in possession of a property, one whom is legally entitled to it, ot

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Introduction

SADIA SAMED Year 2 STUDENT ID: M217806 'INTRODUCTION TO THE LAW OF PROPERTY' UNIT CODE LL2015 A person who dies without having made a will is said to have died intestate. The rules governing the devolution of his property are to be found in the Administration of Estate Act 1925, the main situation that will arise for this case is the situation where the deceased leaves behind children, and the property is divided amongst them. Problem here is between the 2 parties, who have been in possession of a property, both of whom are legally entitled to it, with reference to the above, but only one is claiming beneficial interest. No problem would have occurred if both parties were present at the acquisition of the property, but only one was present during the acquisition. This problem lies in establishing the extent of those beneficial interests in the absence of any declaration. In the Law of Property Act 1925 S60 (3) in voluntary conveyance a resulting trust for the grantors shall not be implied merely by reason that the property is not expressed to be conveyed for the used or benefit of the grantee. ...read more.

Middle

However, there might not be evidence to support finding of an oral agreement to share the house, then the court will rely on the conduct of the parties which shows Debra acted to her detriment in reliance on the verbal agreement that Debra would have interest in the property according to the above elements as held in Lloyds Bank Plc v Rosset5. The difficulties are that express declaration of trust is enforceable only if evidence is signed in writing in accordance to s. 53 (1) (b) of the Law of Property Act 1925. The court may still give effect to the agreement as to beneficial ownership, notwithstanding the absence of statutory formalities (Gissing v Gissing)6 As a result Debra may still be entitled to beneficial rights of the property as she suffers from a detriment in reliance on that agreement and it is equitable fraud for Stan to have any title in the face of that agreement. Three substantial elements needs to be demonstrated to success in her claim under proprietary estoppel (i) an assurance, (ii) change of position, (iii) detriment. For this reason Debra assured her position has changed by not going to Dubai for a new career and she relied on Fred's words. ...read more.

Conclusion

Stan may expect to have some interest in the property but according to the above, this has to be at the time of the acquisition of the house. Nonetheless, Stan cannot claim behind of resulting trust under the above principles. Conclusion From the above cases, it has been found that in order to establish resulting trust the claimant has to provide some direct contribution towards the acquisition of the property and at the time of acquiring the house. However, under constructive trust, the claimant does not have to provide any purchase money at the time of acquisition of the property as long the claimant provide some indirect contribution such as substantial improvement towards the house and installment payment of the mortgage and also if there is some common intention that the claimant has relied on her detriments. The proprietary estoppel will arise in situation where there are some informal agreements and the claimant has been assured, reliance, and unconscionable disadvantage to have successful claim. However, the remedy or interest that claimant will claim for property is depending on contribution money which claimant had provided. ...read more.

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