Property Law Assignment Essay Example | Topics and Well Written Essays - 2500 words

Property Law Assignment - Essay Example the existence of a resulting trust in situations where the plaintiff has clearly made a contribution towards the purchase price of the property, despite the fact that they have not been entered onto the property register. This equitable presumption is based on the notion that the person contributing towards the property must have expected to acquire an interest in that property, in proportion to the money expended2. Lord Diplock in Gissing v Gissing3 made the point that A resulting, implied or constructive trust†¦is created by a transaction between the trustee and the cestui que trust in connection with the acquisition by the trustee of a legal estate in land, whenever the trustee has so conducted himself that it would be inequitable to allow him to deny the cestui que trust a beneficial interest in the land acquired. It should be noted that in this particular case Alice did not contribute to the purchase price of the property, even though she did spend her inheritance on improvements within the property. As there was no direct contribution towards the purchase price Alice would have to rely on the principle of constructive trusts to assert her claim. Under the law of constructive trusts the applicant must prove that they expected to acquire an interest in the property, either by their actions or by money paid towards the maintenance or improvement of the property. Cases that have succeeded are those were the applicant has paid towards household bills or has spent their own money on repairs within the property5. in determining whether a constructive trust can be averred the court will often take into account the conduct of the parties. The court will look for evidence to support an assertion that the applicant has acted in their detriment in reliance of an expectation of having a beneficial interest in the property. The court determined this to be the case in Lloyd’s Bank Plc v Rosset6, in which the court found that work carried out by the applicant on the