COMMON INTENTIONS AND CONSTRUCTIVE TRUSTS: UNORTHODOXY IN TRUSTS OF LAND


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Article
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Authors
Maniscalco, Lorenzo  ORCID logo  https://orcid.org/0000-0002-7551-4079
Abstract

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).

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Journal Title
The Conveyancer and Property Lawyer
Conference Name
Journal ISSN
0010-8200
Volume Title
2020
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All rights reserved