COMMON INTENTION CONSTRUCTIVE TRUSTS

Question 1

When can the court use their discretion to allocate ownership fairly between parties?

Answer 1

On divorce or dissolution of a civil partnership (under the Matrimonial Causes Act 1973 or Civil Partnership Act 2004)

Question 2

What is the starting point for determining the beneficiary ownership of a property?

Answer 2

• The starting point is that equitable title reflects legal title.
• Asole legal owneris thesole beneficial owner
• Joint legal ownersare presumed to beequitable joint tenants

Question 3

In sole legal ownership cases, what must an individual prove?

Answer 3

• an individual seeking to establish a beneficial interest will need to establish that they have acquired an interestunder a common intention constructive trust.
• This requires proof of:
  (i) acommon intentionthat they should have a beneficial interest and
  (ii) detrimental relianceupon that intention

Question 4

In joint legal ownership cases, what must an individual prove?

Answer 4

• an individual seeking to establish that they are not beneficial joint tenants will need torebut the presumptionwith reference to the common intention of the parties.
• There is no need to show detrimental reliance.

Question 5

What does ‘the common intention can be ambulatory’ mean?

Answer 5

It is possible for the common intention of the parties to change over time

Question 6

How do the courts quantify/ determine the shares to assign in a CICT case?

Answer 6

Based on the parties expressed, inferred or imputed intention

Question 7

What is proprietary estoppel?

Answer 7

• an equitable doctrine which enables a person to informally acquire property (or personal) rights.
• Its objective is to prevent unconscionable conduct.
• It enables a court to do justice by modifying the parties’ strict legal rights.
• It is a very flexible doctrine.

Question 8

Is proprietary estoppel used as a defence or basis of claim?

Answer 8

Basis of a claim

Question 9

What would an acquiescence propertied estoppel case be?

Answer 9

• A mistakenly believes that they have a right in land which is owned by B and, in reliance on that belief, act to their detriment in circumstances where B is aware of their mistake but does not attempt to correct it or prevent them acting to their detriment.

Question 10

What would an assurance propertied estoppel case be?

Answer 10

• B assures A that they have or will acquire a right in relation to B’s property and, in reliance on that assurance, B acts to their detriment.