Resulting or Constructive Trust: Does it Matter?

Abstract

Faizi v Tahir is part of a long line of confusing cases on non-express trusts of land. It presented particular difficulties because the relevant property was purchased as neither a joint home nor a commercial investment. With respect, however, this does not fully excuse the potential problems created by the judgments in omitting adequately to distinguish between resulting and constructive trusts. After outlining the facts and both judgments, this note seeks to analyse on what basis the decision was, and should have been, taken, and whether its correct basis truly matters.