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Complete 5 pages APA formatted article: Land Law in Real Facts. Last year, Bentley and Damian too died of the accident leaving the property to Damian’s children because Bentley had left his property t
Complete 5 pages APA formatted article: Land Law in Real Facts. Last year, Bentley and Damian too died of the accident leaving the property to Damian’s children because Bentley had left his property to his brother and Damian had left his shares of the property to his sons. Now Damian’s sons want the house and evict Alice.
‘A constructive trust comes into existence, regardless of any party’s intent, when the law imposes upon a party an obligation to holds the specific property for another. The person obligated becomes by force of law a constructive trustee towards the person to whom he owes performance of the obligation’ (Donovan waters, p378).
The said property, despite the fact that the children of Damian had legally inherited the property from their father, Alice may be considered as the strong equity owner of the property. Alice has a strong estate and land interest in the property. This factor becomes significant when considering the question of unconscionability and applying the law of estoppel which primarily operates in the form of constructive trust. Therefore, it is important to know that
Under (Law of Property Act 1925 s 199(1)(ii)(a)), the occupant(s) of the property has major interests ‘since it is implicit in Williams & Glyn’s Bank v Boland 1, Midland Bank v Dobson 2and Lloyds Bank v Rosset 3 that the beneficial interest (of the third parties) under this trust precedes the court order’ (Milney, 1997). It is an important consideration that belief involved in proprietary estoppel cases can be in any rights in and over the property.
In the last 47 years of her life with her partner Bentley, Alice of assured that ‘he would do the right thing by her’ which was also seconded by Bentley’s brother, Damian, and co-owner of the house. The good intentions of the owners expressed verbally and the fact that she had been a resident of the house for more than 47 years, gave her the right to contest the will of Bentley and Damian.
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