Land Law in Real Facts Essay Example | Topics and Well Written Essays - 1250 words

Land Law in Real Facts - Essay ExampleLast year, Bentley and Damian too died of the cam stroke leaving the property to Damians children because Bentley had left his property to his brother and Damian had left his shares of the property to his sons. Now Damians sons want the house and evict Alice.A constructive trust comes into existence, regardless of any partys intent, when the right imposes upon a party an obligation to holds the specific property for another. The person obligated becomes by issue of law a constructive trustee towards the person to whom he owes performance of the obligation (Donovan waters, p378).The said property, condescension 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 w hich primarily operates in the form of constructive trust. Therefore, it is important to know thatUnder (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 & Glyns 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 of justice 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 Bentleys brother, Damian, and co-owner of the house. The good intentions of the owners denotative 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 pass on of Bentley and Damian.