The Learning & Resource Section

Resulting Trusts

Resulting Trusts:

  • If there is a lack of an express written agreement that shows full ownership, equity will intervene to imply a trust of land and they will take a share in the equitable ownership (Dyer v Dyer [1788])
  • This is usually arises when one party, who is not the legal owner contributes to the purchase price of the property at the time of when the property is acquired
  • There must be evidence of a common intention of both parties at the time of purchase Curley v Parkes [2004])
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