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Question: “The law on constructive trusts of the family home generates unfairness, uncertainty and hardship”. Discuss.

Module title: Land law

Answer: The simplest way to establish the property interests between co-habitants is an express declaration of trust which satisfies the requirements of s53(1) of LPA1925. For married couples, the law of trusts are governed under the Matrimonial Causes Act 1973, s.24. The same rights extend to same sex partners under the Civil Partnership Act 2004. In the event of an absence of an express declaration of trust, constructive trust is one of the alternatives to establish beneficial interests. The word “constructive” signifies that the court will “construct” the trust. The express trust operates under the intention of the property holders whereas the constructive trust operates under the law. In order to claim an equitable interest under constructive trust, several factors are required: bargain, change of position and equitable fraud. This essay will explore the nature of this form of trus...(short extract)

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  • Subject: Law
  • Course: Land Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 1982
  • Date submitted: April 20, 2017
  • Date written: March, 2016
  • References: Yes
  • Document type: Essay*
  • Essay ID: 7929

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