Wednesday, October 30, 2019

Law Essay Example | Topics and Well Written Essays - 1750 words - 5

Law - Essay Example be divided among the parties and in what manner.2 On the facts of the case for discussion it appears that a certain understanding existed between Pam, Tim and Derek with regards to the beneficial interests of the dwelling house and although Derek did not execute the deed reflecting those interests he is at liberty to invoke the doctrine of proprietary estoppel to enforce his interest. â€Å"The essence of the issue in these formality cases is that one party claims to be entitled to some proprietary right (or the monetary expression of the right22) even though in the normal course such creation or transfer would be ineffective due to an absence of formality.†3 As Dixon explains the use of the doctrine of proprietary estoppel requires a contravention of some statutory provision.4 For instance Section 53(1) of the Law of Property Act 1925 dictate that a disposition of an interest in realty be evidenced by writing. The imposition of an implied or constructive trust necessitates a departure from the rigid statutory requirements for written evidence of the conveyance or other disposition of an interest in realty.5 Be that as it may, Sir Christopher Slade in Huntingford v Hobbs [1993] 1 FLR 736 explains that the imposition of a constructive, implied or resulting trust are typically exempt from the formal requirements mandated by Section 53(1). Sir Christopher Slade explained: â€Å"In the absence of any declaration of trust, the parties respective beneficial interests in the property fall to be determined not by reference to any broad concepts of justice, but by reference to the principles governing the creation or operation of resulting, implied or constructive trusts which by s 53(2) of the Law of Property Act 1925 are exempted from the general requirements of writing imposed by s 53(1).†6 According to the ruling in Lloyd v Dugdale [2001] All ER 306 an estoppel is a proprietary right which can bind a third party as an overriding interest within the meaning of

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