5 - Equitable Rights in Land

Source: Unlocking Land Law

I think these concepts will repeat in Unlocking Trusts. Following is the key summary:

1) The nature equitable rights in land - remember that though the trust in land is not in writing, the trust will not become void. Its enforceability depends on the claims of the other parties. However implied, resulting, constructive trusts need not be in writing

2) Resulting trusts, presumed intention and rebuttal of presumption of resulting trust (eg gift, advancement, improper motive), the effect of s60(3) of LPA, types of contributions which can give rise to resulting trusts (there is a good summary table in the book and I think this is important), principle laid in Burns v Burn

3) Constructive trusts, "unconscionable" test, elements of constructive trusts (ie common intention which could be express or implied- see the rule in Rosset and contrast with Eves), detrimental reliance (see the objective test laid in Wayling)

4) Quantification of contribution both in RT and CT

There are a number of areas where one could frame MCQ from this chapter.