chapter  5
42 Pages

Equitable rights in land

WithJudith Bray

This chapter explains the nature of equitable rights in land. It describes the different types of trust of land. The chapter explores when a resulting trust of land will arise. It examines how the courts assess the shares in a resulting trust. The chapter describes a constructive trust and understand when it will be imposed by the courts. It also explains how the courts will quantify shares under a constructive trust. The Trusts of Land and Appointment of Trustees Act 1996 introduced the trust of land replacing a complex set of rules concerning trusts set in place in 1925. The trust of land is a statutory trust imposed whenever two or more people have an interest in one piece of land. By way of contrast Lord Neuberger in a dissenting judgment supported the use of resulting trusts in all cases including cases concerning the family home.