ABSTRACT
This chapter identifies the requirements for the express creation of a trust of land. It recognises the need for trusts that arise informally: implied, resulting and constructive. The chapter explains the implication of a conveyance or transfer of land expressly dealing with the beneficial interests. It reviews the role of trust principles in settling disputes about landownership in equity. The express creation of an inter vivos trust of land must, therefore, be evidenced in writing. The trust will not be void in the absence of writing, but will be unenforceable. A resulting trust will arise where a contribution is made to the purchase price of property by the person claiming a beneficial interest, with the share in the land quantified accordingly. A constructive trust can, by contrast, take into account the 'whole course of dealings' between the parties in quantifying a beneficial interest and is therefore more flexible.
