COMMON INTENTIONS AND CONSTRUCTIVE TRUSTS: UNORTHODOXY IN TRUSTS OF LAND
The Conveyancer and Property Lawyer
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Maniscalco, L. (2020). COMMON INTENTIONS AND CONSTRUCTIVE TRUSTS: UNORTHODOXY IN TRUSTS OF LAND. The Conveyancer and Property Lawyer, 2020 (2), 124-137. https://doi.org/10.17863/CAM.55790
Section 53 (1) (b) of the Law of Property Act (LPA) 1925 requires a settlor’s intention to be evidenced in signed writing for a trust of land to be enforceable. However, as every property lawyer knows, intentions either informally expressed or merely inferred from conduct have maintained an extremely important role in trusts of land, in particular in circumstances when two or more parties acquire land sharing a common intention as to how their beneficial shares in it should be distributed. In these circumstances, informal evidence of such a common intention may support a claim under a common intention constructive trust (CICT).
This record's DOI: https://doi.org/10.17863/CAM.55790
This record's URL: https://www.repository.cam.ac.uk/handle/1810/308701
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