ABSTRACT
While this Part 5 has been concerned throughout with the law of trusts as it relates to land, its main focus has been on the trusts implied by law aspect of the allocation of equitable interests in the home. The issues considered in Chapter 15 were concerned with whether or not a particular person is to have equitable rights in the home at all. In this situation we are concerned with situations in which parties have been held to have such equitable interests in land. There may be situations, as in Goodman v Gallant , 1 where there is an express trust created over the family home which make clear those persons who are to be considered prima facie to have rights in the home. Therefore, in this discussion we are concerned by turns with equitable interests in land by means of constructive trust, resulting trust or possibly by proprietary estoppel, as well as rights under express trusts.
