ABSTRACT
This chapter deals with some of the various rights and interests in land which may be created without formalities.
The traditional view of resulting trusts of land is quite straightforward. A resulting trust arises by way of a presumption which is raised by contributions to the purchase price of the property at the time of acquisition. Mortgage repayments may count as contributions provided that they are both regular and substantial. The contributions themselves raise the presumption that the contributor was intended to acquire an interest in the property in return for his contributions. The presumption of resulting trust may be rebutted if it is established that the contribution was a gift or a loan, or if the presumption of advancement applies. If the presumption of resulting trust is not rebutted the contributor will acquire an interest in the property in proportion to the value of his contributions.
