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  3. University College London (UCL)
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  5. Bachelor Of Law LLB
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  7. Property Law

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Summary Family Homes PQ Notes (First Class)

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Comprehensive first class Property Law PQ notes from University College London (2018/2019). Notes include concise case summaries, key reasonings to reconcile conflicting case law and detailed answer outlines to problem questions

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  • April 25, 2020
  • 7
  • 2018/2019
  • Summary

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Interests in the Home


a. Typical Situations
- Breakdown of relationship
- When one party dies
- Where property is subject to a mortgage or an unsecured debt

b. Methods
- Express trust
- Resulting trust
- Common intention constructive trust

- Consider the acquisition question & the quantification question

c. Express Trust
- Requires express declaration in signed writing [s.53(1)(b) LPA 1925]

- Goodman v Gallant
o If the parties expressly declare a trust, the declaration is conclusive as to
existence and to quantities of the share

- However, case law has diverged
- Stack v Dowden
o Declaration of trust may be overturned in cases of fraud or mistake
o May be varied by later arrangement or affected by proprietary estoppel

d. Joint vs Sole Legal Ownership
- Actual, inferred or imputed intention
o Inferred: From the ways that the parties act  courts infer a common intention
o Imputed: When there is no basis for finding common intention  court supplies
the common intention
o Unable to impute intention at the acquisition stage, only possible at the
quantification stage

Sole Legal Owners
- Equity follows the law: If they are sole owner at common law, they are sole owner in
equity
- Consider both the acquisition & quantification question

e. Joint Legal Owners
- Equity follows the law: If they are JT at common law, they are JT in equity

- When legal title to the property vests in both parties, there is already a trust [since all

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